User`s guide

1
DISCLAIMER
POWERSPEC CE AND QUICKCHECK CE SOFTWARE,
REFERRED TO HEREAFTER AS COVERED CODE, IS
PROVIDED UNDER THIS LICENSE ON AN ''AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING.
LICENSEE BEARS THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED
CODE. SHOULD ANY COVERED CODE PROVE
INEFFECTIVE IN ANY RESPECT, LICENSEE SHALL
ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER. LICENSEE AGREES NOT TO TRANSLATE,
REVERSE ASSEMBLE, REVERSE COMPILE, ADAPT,
TRANSLATE, ALTAR, MODIFY, OR CHANGE IN ANY
WAY THE LICENSED SOFTWARE OR ANY UPDATE
THERETO WITHOUT THE PRIOR WRITTEN
AUTHORIZATION OF CUMMINS. LICENSEE AGREES
THAT UNDER NO CIRCUMSTANCES SHALL LICENSOR
BE RESPONSIBLE FOR ANY DAMAGES, WHETHER
DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE, STEMMING FROM LOSS OF USE, DATA,
PROFITS OR OTHER LOSSES RESULTING IN WHOLE OR
IN PART FROM LICENSEE’S INSTALLATION OR USE OF
THE COVERED CODE. BY ITS INSTALLATION OF THE
COVERED CODE, LICENSEE AFFIRMS ITS ACCEPTANCE
OF THE ABOVE DISCLAIMER AND RELEASES
LICENSOR, ITS SUBSIDIARIES AND ITS AFFILIATES
FROM ANY AND ALL CLAIMS FOR DAMAGE
STEMMING EITHER FROM LICENSEE’S INSTALLATION
OR USE OF THE COVERED CODE.