5. Limited warranty
UTC FIRE & SECURITY w arrants that for one (1) year from the date of delivery of the Licensed Product
(Software Warranty Period), the functions contained in the Software will be fit for their intended purpose as
described in the applicable Documentation from UTC FIRE & SECURITY, and w ill conform in all material
respects to the specifications stated in such Documentation. UTC FIRE & SECURITY does not w arrant that
the operation of the Software will be uninterrupted or error-free. SECURITY does w arrant that the media on
w hich the Software is furnished will be free from defects in materials and workmanship under normal use for a
period of thirty (30) days from the date of delivery (Media Warranty Period). Except as specifically provided
therein, any other software and any hardware furnished with or accompanying the Software is not warranted
by UTC Fire & Security.
Your exclusive remedy under this limited w arranty for nonconforming Software shall be repair or replacement
of the Software, at the sole discretion of UTC Fire & Security. To obtain a repair or replacement of
online at http://www.utcfireandsecurity.com/ during the Software Warranty Period.
Except as expressly provided above, the licensed product is provided “as is” without w arranty of any kind,
either expressed or implied, including, but not limited to, implied w arranties of merchantability or fitness for a
particular purpose and, except as expressly provided above, You assume the entire risk as to the quality and
performance of the licensed product.
6. Limitation of liability
UTC Fire & Security’s sole obligation or liability under this agreement is the repair or replacement of
nonconforming software and/or defective media according to the limited w arranty above. In no event w ill
UTC FIRE & SECURITY be liable for damages, whether consequential, incidental, or indirect, nor for loss of
data, loss of profits, or lost savings, arising from use or inability to use the software or documentation (or any
hardware furnished with the software), even if UTC FIRE & SECURITY has been advised of the possibility of
such damages, nor for any claim by any third party.
7. General
Any materials provided to You by UTC Fire & Security shall not be exported or reexported in violation of any
export provisions of the USA or any other applicable jurisdiction. Any attempt to sublicense, assign, or
transfer any of the rights, duties, or obligations hereunder shall be void. This Agreement shall be governed by
and interpreted under the laws of the State of New York, United States of America, without regard to conflicts
of law provisions. You hereby consent to the exclusive jurisdiction of the state and federal courts located in
Multnomah County, Oregon, to resolve any disputes arising under or in connection with this Agreement, with
venue in Portland, Oregon.
8. Restricted rights legend
The Licensed Product is provided with RESTRICTED RIGHTS. In the event the United States Government
or an agency thereof is granted a license, the following additional terms apply: Restricted Computer Software,
as defined in the Commercial Computer Software–Restricted Rights clause at Federal Acquisition
Regulations 52.227-19, and the restrictions as provided in subparagraphs (c)(1) and (c)(2) thereof; and as
applicable, the Government’s rights to use, modify, reproduce, release, perform, display, or disclose the
Software also are restricted as provided by paragraphs (b)(2) and (b)(3) of the Rights in Noncommercial
Technical Data and Computer Software–Small Business Innovative Research (SBIR) Program clause at
DFARS 252.227-7018.
9. Acknowledgment
You acknow ledge that You have read and understand this agreement and agree to be bound by its terms.
You further agree that this agreement is the complete and exclusive statement of the agreement betw een
You and UTC Fire & Security, and supersedes any proposal or prior agreement, oral or w ritten, and any
other communication relating to the subject matter of this agreement.
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