Specifications

Appendix F – End User License Agreement (EULA)
MultiModem® iSMS Administrator’s Guide 119
optionally repair any defect, or replace it. This warranty is void if the failure has resulted from accident, abuse, or
misapplication. A Software Registration Card must be on file at MTS for this warranty to be in effect. In all other respects,
the MTS software is provided AS IS. Likewise, any other software provided with MTS software is provided AS IS.
THE FOREGOING WARRANTY IS IN LIEU ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MTS
BE LIABLE FOR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF THE LICENSED PROGRAM, WHETHER AS A RESULT
OF MTS NEGLIGENCE OR NOT, EVEN IF MTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MTS ALSO
DISCLAIMS ANY LIABILITY IN CONTRACT OR OTHERWISE FOR THE DEFECT OR NON-PERFORMANCE OF ANY SEPARATE
END-USER LICENSED SOFTWARE PRODUCT INCLUDED WITH MTS' SOFTWARE.
INDEMNIFICATION. MTS will indemnify and defend Customer from any claim that the software infringes on any copyright,
trademark, or patent. Customer will indemnify and defend MTS against all other proceedings arising out of Customers use
of the software.
GENERAL. If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule
of law, they are to that extent deemed to be omitted. This is the complete and exclusive statement of the Agreement
between the parties, which supersedes all proposals, oral, written and all other communications between the parties
relating to the subject matter of this Agreement. This Agreement may only be amended or modified in writing, signed by
authorized representatives of both parties.
This Agreement shall be governed by the laws of the State of Minnesota. The waiver of one breach or default hereunder
shall not constitute the waiver of any subsequent breach or default. Licensee also agrees to the following: