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CompuScope SDK Manua.. - Egmont Instruments

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Gage Applied Technologies, Inc. does not warrant that the functions contained in the program will meet your<br />

requirements or that the operation of the program will be uninterrupted or error free. However, Gage Applied<br />

Technologies, Inc. warrants the media on which the program is furnished to be free from defects in materials and<br />

workmanship under normal use for a period of one year from the date of delivery to you as evidenced by a copy of<br />

your receipt.<br />

LIMITATIONS OF REMEDIES<br />

Gage Applied Technologies, Inc.’s entire liability and your exclusive remedy shall be:<br />

a) with respect to defective media during the warranty period, Gage Applied Technologies, Inc. will replace<br />

media not meeting Gage Applied Technologies, Inc.’s “Limited Warranty” if returned to Gage Applied<br />

Technologies, Inc. or its authorized representative with a copy of your receipt, or<br />

b) if Gage Applied Technologies, Inc. or its representative is unable to deliver replacement media free of defects<br />

in materials and workmanship, you may terminate the Agreement by returning the program and your money<br />

will be refunded.<br />

IN NO EVENT WILL GAGE APPLIED TECHNOLOGIES, INC. BE LIABLE FOR ANY DAMAGES,<br />

INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL<br />

DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PROGRAM, EVEN IF GAGE<br />

APPLIED TECHNOLOGIES, INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF<br />

THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY.<br />

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR<br />

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY<br />

NOT APPLY TO YOU.<br />

GENERAL<br />

You may not sublicense, assign or transfer the license or the program except as expressly provided in this<br />

Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations<br />

hereunder is void.<br />

This Agreement is governed by the laws of the Province of Quebec, Canada.<br />

The parties agree that this Agreement be written in English. Les partis consentent à ce que cette entente soit<br />

rédigée en anglais.<br />

Should you have any questions concerning this Agreement, you may contact Gage Applied Technologies, Inc. in<br />

writing. Please check the Gage website (http://www.gage-applied.com/aboutgag/contact.htm) for the most current<br />

address.<br />

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE<br />

TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE<br />

COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH<br />

SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER<br />

COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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