FLEX-6000 Signature Series – Maestro User Guide
Page 177
Copyright 2019 FlexRadio Systems. All Rights Reserved.
TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM
EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace shall be
solely at the discretion of FlexRadio Systems. FlexRadio Systems reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If FlexRadio Systems is unable to
provide a replacement or substitute Software Product or corrections to the Software Product, your sole
alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs
for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising
under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by FlexRadio Systems to have been caused by you. All limited
warranties on the Software Product are granted only to you and are non-transferable. You agree to
indemnify and hold FlexRadio Systems harmless from all claims, judgments, liabilities, expenses, or costs
arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas's conflict or choice of law
provisions. This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. Any civil action or legal
proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State
of Texas in Travis County or the United States District Court, Western District of Texas, Austin Division.
You and FlexRadio Systems consent to the jurisdiction of such court in any such civil action or legal
proceeding and waive any objection to the laying of venue of any such civil action or legal proceeding in
such court.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall remain in full force and effect. To the extent any
express or implied restrictions are not permitted by applicable laws, these express or implied restrictions
shall remain in force and effect to the maximum extent permitted by such applicable laws.
Complete Agreement
This Agreement constitutes the entire agreement between you and FlexRadio Systems with respect to the
use of the Software Product licensed hereunder and supersedes all prior or contemporaneous
understandings regarding such subject matter. No amendment to or modification of this Agreement will
be binding unless in writing and signed by FlexRadio Systems. Any translation of this Agreement is done
for local requirements and in the event of a dispute between the English and any non-English versions,
the English version of this Agreement shall govern.
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