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ENTRON Controls, LLC. 700230D
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Limitations of the Warranty:
The damages for which ENTRON is liable in respect of any one cause of action shall not exceed the sum
equal to 100% of the purchase price specified in the equipment purchase agreement.
OTHER THAN ACTUAL DAMAGES AS LIMITED BY THE PRIOR PARAGRAPH, IN NO EVENT SHALL EN-
TRON OR ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPE-
CIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINU-
TION IN VALUE, ARISING OUT OF OR RELATING TO ANY CLAIMS RELATED TO THE PRODUCT, RE-
GARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT PUR-
CHASER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITA-
BLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOT-
WITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PURCHASER ASSUMES ALL RISK
AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS IN THE PRACTICE OF
ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUC-
CESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY EN-
TRON OR ITS AUTHORIZED REPRESENTATIVE, BY WAY OF TECHNICAL ADVICE OR OTHERWISE,
RELATED TO THE USE OF THE PRODUCT.
Warranty and Transferability of Software:
All software and/or software documentation (collectively, the “Software”), whether supplied to the Purchaser
as a component of the Product or supplied as a stand-alone Product, shall be considered to be “licensed” ra-
ther than “sold” to the Purchaser, and the Purchaser shall be licensed to use the Software under the following
terms unless superseded by a different term that is expressly accepted by ENTRON in writing in ENTRON’s
order acknowledgement document.
ENTRON or ENTRON’s licensor retains ownership of the Software and applicable copyrights, patents and
trade secrets.
• The Purchaser, as licensee, is granted a limited, non-exclusive, royalty-free license to use the
Software during the term permitted by ENTRON in writing (and perpetually for any Software em-
bedded into the Product).
• The Purchaser may not reverse engineer or modify the Software (except to customize the Product
for the Purchaser’s operations, as authorized by ENTRON in writing, provided that any such modi-
fications are and shall remain the property of ENTRON), remove it from the Product, or install the
Software into products other than the Product.
• The Purchaser may not sublicense the Software, and this license terminates upon transfer of the
Product to any third party.
All rights in the Software not expressly granted hereunder are reserved to ENTRON. The rights granted here-
in may be terminated by ENTRON upon prior written notice to the Purchaser if the Purchaser is in default of
these standard terms.
ENTRON Document 750003-0414
6.3 Warranty and Service Policy
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