V9.7 01/05/20 UD0011 Page 173 of 177
This Document is uncontrolled when printed unless over stamped “CONTROLLED DOCUMENT"
5.5.2 correct the Documentation to reflect the proper performance of the Software where it is determined
by the Company (acting reasonably) that the Software is functioning correctly but is not properly
described in the Documentation.
5.6 The repair or replacement of the Embedded Software under Clause 5.5 will not be available to the Customer if:
5.6.1 the defect in the Embedded Software is attributable to failure or breakdown or interference of any third
party, or software or hardware not supplied subject to this EULA;
5.6.2 the Customer is in breach of this EULA;
5.6.3 the Customer fails to operate the Hardware properly or fails to follow the instructions or
recommendations of the Company as set out in the Documentation with respect to the Embedded
Software;
5.6.4 the Customer interferes with, modifies, or fails to secure the Embedded Software otherwise than in
accordance with the terms of this EULA;
6. Training
Other than the supply of the Documentation included with the Embedded Software, no training is provided by
the Company unless otherwise agreed by the Customer and the Company.
7. Limit of Liability
7.1 Subject to Clause 7.2 and 7.3, the Company’s maximum aggregate liability in connection with this EULA or the
use of the Embedded Software will be limited to the lower of:
7.1.1 any applicable limitation of liability set out in the Commercial Terms; or
7.1.2 £100,000 or 100% of the price paid for the Hardware, whichever is lower.
7.2 Subject to Clause 7.3, the Company accepts no liability for any:
7.2.1 loss of business, loss of revenue, loss of profits, loss of goodwill, loss of use, loss of data or loss of any
economic liability; or
7.2.2 indirect or consequential losses, however caused, arising in connection with this EULA or the use of
the Embedded Software.
7.3 The Company makes no attempt to exclude liability relating to or arising from death or personal injury caused
by the Company’s negligence or the negligence of any employee, agent or contractor of the Company or liability
for fraud or fraudulent misrepresentation, or for any other liability for which it would be unlawful to exclude or
limit liability.
8. Disposal
The Customer undertakes that, upon the cessation of the use of the Hardware for whatever cause, or upon
termination of this EULA, it will promptly destroy all known copies of the Embedded Software on any media
other than the copy embedded in the Hardware and, if required by the Company, certify that this has been
done.
9. Force Majeure
Neither party shall be liable for failure to perform its obligations under this EULA if such failure results from
circumstance beyond the party’s control.
10. Termination
Either party shall have the right to terminate this EULA if the other party is in material or persistent breach of
this EULA and fails to rectify such breach within 30 days of receipt of notification thereof in writing, from the
injured party, or if a right to terminate the relevant Commercial Terms has arisen. Termination shall not affect
any other rights of the injured party.
11. Consequences of Termination
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