BT2 user manual - H-5911-9004-02-B Page | 135
is detected. Licensor also reserves the right to use a hardware lock device, license administration software, and/or
a license authorization key to control access to the Software. You may not take any steps to avoid or defeat the
purpose of any such measures. Use of any Software without any required lock device or authorization key
provided by Licensor is prohibited.
20.1.6 Audit Rights
End User agrees that LICENSOR has the right to require an audit (electronic or otherwise) of the LICENSOR
Materials and the Installation thereof and access thereto. As part of any such audit, LICENSOR or its authorized
representative will have the right, on fifteen (15) days’ prior notice to End User, to inspect End User’s records,
systems and facilities, including machine IDs, serial numbers and related information, to verify that the use of any
and all LICENSOR Materials is in conformance with this Agreement. End User will provide full cooperation to
enable any such audit. If LICENSOR determines that End User’s use is not in conformity with this EULA, End
User will obtain immediately and pay for a valid license to bring End User’s use into compliance with this EULA
and other applicable terms and pay the reasonable costs of the audit. In addition to such payment rights,
LICENSOR reserves the right to seek any other remedies available at law or in equity, whether under this
Agreement or otherwise.
20.1.7 Warranty
THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANITIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS AND NON-INFRINGING, WITH
REGARD TO THE SOFTWARE, AND THE ACCOMPANYING WRITTEN MATERIALS. YOU BEAR ENTIRE
RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND
PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. In any event, LICENSOR will not honor any warranty shown to exist
for which inaccurate or incorrect identifying data has been provided to LICENSOR. The product(s) provided are
intended for commercial use only and should not be utilized as the sole data source in clinical decisions as to
levels of care.
Furthermore, the Software Product may contain certain Cloud technology based features, such as messaging and
crew view, where data can be passed freely between End Users using the Software Product. These features will
generally be password protected, with no other built security for Software Product usage. Carlson accepts no
responsibility for compromised data or loss due to unauthorized messaging or communication through Cloud
technology provided in the Software Product.
20.1.8 LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY LAW, LICENSOR AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS,
CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE "LICENSOR GROUP") WILL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN ANY WAY RELATING TO THIS EULA OR THE USE OF OR INABILITY TO USE THE PRODUCT,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST
PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE LICENSOR GROUP'S COLLECTIVE LIABILITY
UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND
THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY).
20.1.9 Update Policy
LICENSOR may, from time to time, revise the performance of its product(s) and in doing so, incur NO obligation
to furnish such revisions to any End User nor shall it warrant or guarantee that any revision to the SOFTWARE
will perform as expected by the End User on End User’s equipment. At LICENSOR's option, LICENSOR may
provide such revisions to the End User.
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