4.14 PURCHASER ACKNOWLEDGES THAT IT HAS PURCHASED THE SYSTEM BASED UPON
ITS OWN KNOWLEDGE OF THE USES TO WHICH THE SYSTEM WILL BE PUT. FARO
SPECIFICALLY DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO THE FITNESS OF
THE SYSTEM FOR ANY PARTICULAR PURPOSE OR ARISING FROM THE INABILITY OF THE
PURCHASER TO USE THE SYSTEM FOR ANY PARTICULAR PURPOSE.
5.00 Design Changes
5.01 The FAROFocus Premium, 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 FAROFocus Premium, 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 FAROFocus Premium, 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 of 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 or in connection herewith, including appeals and bankruptcy or creditor reorganization
proceeds.
7.05 These conditions shall not be construed more strictly against one party than another as a result of
one party having drafted said instrument.
8.00 Definitions
8.01 "FARO" means FARO Technologies Inc.
8.02 "Purchaser" means the party buying the Product and who is legally obligated hereunder.
8.03 "Software" means all computer programs, disk drive directory organization and content, including
the computer media containing such computer programs and disk drive directory organization and
content, sold pursuant to the Order.
FARO
®
Focus Premium Laser Scanner User Manual
Appendix B: Purchase Conditions
FARO Focus Premium (March 2022) Page148of157
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