B-7
5.00 Design Changes
5.01 The FaroArm, the Software and the System are subject to
changes in design, manufacture and programming between the date of
order and the actual delivery date. FARO reserves the right to
implement such changes without the Purchaser’s consent, however,
nothing contained herein shall be construed as obligating FARO to
include such changes in the FaroArm, Software or System provided to
the Purchaser.
6.00 Non-Disclosure
6.01 All Software including, without limitation, the Operating
System Program and any FARO special user programs, provided to the
Purchaser as part of the system, either at the time of or subsequent to the
delivery of the FaroArm, is the intellectual property of FARO. The
Purchaser shall not reproduce or duplicate, disassemble, decompile,
reverse engineer, sell, transfer or assign, in any manner the Software or
permit access to or use thereof by any third party. The Purchaser shall
forthwith execute any further assurances in the form of non-disclosure
or licensing agreements which may reasonably be required by FARO in
connection with the software.
7.00 Entire Agreement / Governing Law / Miscellaneous /
Guarantee
7.01 These Purchase conditions constitute the entire agreement
between FARO and the Purchaser in respect to the Product. There are no
representations or warranties by FARO, express or implied, except for
those herein contained and these conditions supersede and replace any
prior agreements between FARO and the Purchaser.
7.02 No representative of FARO has any authority to modify, alter,
delete or add to any of the terms or conditions hereof. Any such
modifications shall be absolutely void unless made by instrument in
writing properly executed by an actual authorized employee or agent of
FARO.
7.03 The terms and conditions hereof shall be binding upon FARO
and the Purchaser, and shall be construed in accordance with the laws of
the State of Florida, United States of America.
7.04 FARO shall be entitled to recover all its reasonable fees and
costs including, but not limited to, its reasonable attorney’s fees incurred
by FARO in connection with any dispute or litigation arising thereunder
08m80e00_FaroArm_Quantum.book Page 7 Tuesday, August 22, 2017 11:03 AM
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