User`s manual

DT-6061 User's Manual - Platform (Build 16.0)
11/12/04 Datatek Applications Inc. 61
17.4 EXPORT RESTRICTIONS
You agree that you will not export or re-export the SOFTWARE to any country, person, or entity subject to
U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE: (i) to any country
to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1998
include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any
national of any such country, wherever located, who intends to transmit or transport the products back to
such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE
or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or
(iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government.
17.5 LIMITED WARRANTY
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of shipment. Software support
is limited to the hours of 8 AM to 5 PM ET Monday through Friday excluding Datatek-observed holidays..
Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not
allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option,
either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this
Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is
void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever
is longer.
17.6 NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH REGARD TO
THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH
VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
17.7 SPECIAL PROVISIONS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and HARDWARE Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial HARDWARE Software-Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Datatek Applications, Inc., 721 Rte. 202-206, Bridgewater, New Jersey 08807.
If you acquired the SOFTWARE in the United States of America, this Software License is governed by the
laws of the State of New Jersey, excluding its choice of laws provisions. If you acquired the SOFTWARE
outside the United States of America, local law may apply. This LICENSE constitutes the entire
understanding and agreement between you and the Manufacturer in relation to the SOFTWARE and
supercedes any and all prior or other communications, statements, documents, agreements or other
information between the parties with respect to the subject matter hereof.
18 LIMITATION OF L IABILITY
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers
be liable for any damages whatsoever (including without limitation, special, incidental,
consequential, or indirect damages for personal injury, loss of business profits, business
interruption, loss of business information, or any other pecuniary loss) arising out of the use of or
inability to use this product, even if Manufacturer has been advised of the possibility of such
damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this License