Deqx HDP-4 - Page 4

To Next Page

To Previous Page

DEQX User Manual

calibration products including but not limited to PDC-2.6, PDC-2.6P, HDP-3, HDP-4, HDP-5,

DEQX MATE, PreMATE, PreMATE+, HDP-Express, and HDP-Express II.

All other rights are reserved to DEQX. Recipient shall not rent, lease, sell, sublicense, assign, or

otherwise transfer the Product, any accompanying printed materials (‘Documentation’), or a

digital content created with the Product (‘Filter coefficients’). Recipient may not reverse

engineer or decompile the Product. DEQX and its suppliers shall retain title and all ownership

rights to the product, and this Agreement shall not be construed in any manner as transferring

any rights of ownership or license to the Product or to the features or information therein,

except as specifically stated herein.

TERM OF AGREEMENT

The term of this Agreement shall commence on the date you accept this Agreement and shall

continue unless terminated by DEQX in writing at any time, with or without cause. In the event

that DEQX terminates this agreement, Recipient shall promptly return to DEQX, or certify

destruction of, all full or partial copies of such product and related materials provided by DEQX.

PRODUCT MAINTENANCE

DEQX is not obligated to provide maintenance or updates to Recipient for Product licensed

under this Agreement.

DISCLAIMER OF WARRANTY

DEQX-Cal™ software (‘Product’) is deemed accepted by Recipient upon first use. The PRODUCT

IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, DEQX FURTHER DISCLAIMS ALL WARRANTIES,

INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK

ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION

REMAINS WITH RECIPIENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEQX

OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT,

SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS

OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF

OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF DEQX HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW; ATTORNEY’S FEES

The laws of the State of New South Wales, Australia shall govern this Agreement and Recipient

further consents to jurisdiction by the state and Australian federal courts sitting in the State of

New South Wales. If either DEQX or Recipient employs attorneys to enforce any rights arising

out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable

attorneys' fees.

Cal™ are trademarks of DEQX Pty Ltd. All other product or brand names referenced in this

manual may be trademarks or registered trademarks of their respective owners.