Comrex VH2 Manual Del Usuario página 135

VH2
contains both proprietary and open source software. All proprietary portions are
Corporation, all rights reserved
COMREX CORPORATION
END USER LICENSE AGREEMENT
IMPORTANT READ CAREFULLY: This End User License Agreement (Agreement) is a legal and binding
agreement between you (either an individual or a single entity) and Comrex Corporation (Comrex) for the software contained
within this product.
WHEN YOU INSTALL AND USE THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY
WITH) ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS PRODUCT.
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF ANY
SUCH WRITTEN APPROVAL BY OR ON BEHALF OF COMREX SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF
THESE TERMS ARE CONSIDERED AN OFFER BY COMREX, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Under this Agreement, Comrex offers you use of the proprietary Comrex software contained in this product under the following
terms:
1. No Warranty.
WITH THE EXCEPTION OF THE GENERAL PRODUCT WARRANTY OFFERED AT THE BEGINNING OF
THIS MANUAL COMREX EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT.
FURTHER, COMREX DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE
UNINTERRUPTED. COMREX AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
2. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT
NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL COMREX OR ITS LICENSORS BE
LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR
USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY OR ON BEHALF OF COMREX, OR (II) FOR ANY MATTER BEYOND
COMREXS OR ITS LICENSORS REASONABLE CONTROL. COMREXS AND ITS LICENSORS MAXIMUM LIABILITY FOR DAMAGES OF
ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR
THE SOFTWARE, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE COMREXS LIABILITY SHALL BE
LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY
EVEN IF COMREX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Indemnity.
You shall indemnify and hold harmless Comrex and its licensors from any third party claims, damages, liabilities, costs and
fees (including reasonable attorney fees) arising from Your use of the Software as well as from Your failure to comply with
any term of this Agreement.
4. General.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior
agreements and representations between them. This Agreement may be amended only by a writing executed by both
parties. If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated
to the minimum extent necessary to make it legal and enforceable and this Agreement shall otherwise remain in full force
and effect and enforceable. The failure of Comrex to act with respect to a breach of this Agreement by You or others does
not constitute a waiver and shall not limit Comrexs rights with respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under Massachusetts law (without regard to its conflicts of laws provisions)
as such law applies to agreements between Massachusetts residents entered into and to be performed within
Massachusetts. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and
Federal courts in Worcester County, Massachusetts; You hereby agree to service of process in accordance with the rules of
such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
Questions concerning this Agreement should be sent to the address set forth below. Any notices or correspondences will
only be effective if sent to such address.
Comrex Corporation
19 Pine Road
Devens, MA 01434
Open source software used in VH2 is protected under a wide variety of licenses, listed below.
ublicLicense Version 2
GNUP
VH2 Manual
.
Copryight © 2016 Comrex
Comrex
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