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B.3 Limitation of Remedies and Liabilities
THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL
IPG BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR
RELATING TO THIS ORDER OR THE PRODUCTS (INCLUDING, LOSS OF PROFITS) WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IPG'S MAXIMUM LIABILITY ARISING UNDER THESE
TERMS AND CONDITIONS WILL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID FOR THE
PRODUCTS BY BUYER. THESE LIMITATIONS MAY NOT APPLY TO YOU UNDER THE LAWS OF CERTAIN
JURISDICTIONS.
B.4 Software
B.4.1 Firmware License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE OR
SIGNIFYING YOUR ACCEPTANCE BY CLICKING THE APPROPRIATE DIALOG BOX. OPERATING THE
PRODUCT, CLICKING THE APPROPRIATE DIALOG BOX OR USING ANY PART OF THE SOFTWARE
SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH
THEM, PROMPTLY RETURN THE PRODUCT UNUSED ALONG WITH ANY OTHER RELATED ITEMS THAT
WERE INCLUDED IN THE SAME ORDER FOR FULL CREDIT.
You, as the Customer, agree as follows:
1. DEFINITIONS
“IPG” shall mean the IPG Photonics Corporation affiliate providing Licensed Software to Customer
pursuant to this Agreement.
“IPG Software” shall mean those portions of the Licensed Software owned by IPG or IPG affiliates.
“Licensed Software” shall mean the software, in object code form only, supplied by IPG pursuant to this
Agreement.
“Licensed Product” shall mean the Licensed Software and/or its accompanying
documentation.
“Third Party Software” shall mean those portions of the Licensed Software owned or licensed by a third
party, including but not limited to operating system code, that is embedded within the Licensed
Software.
2. LICENSE
2.1 Except as provided in section 2.2 below, you are granted a non-transferable, nonexclusive license to
use the Licensed Software only as embedded in or to be used on a single IPG product. You may copy the
Licensed Product, for backup purposes only, in support of your use of the Licensed Software, limited to
one copy. No other copies shall be made unless authorized in writing by IPG. You must reproduce and
include all applicable copyright notices on any copy. You may not reverse compile or otherwise reverse
engineer, or modify the Licensed Software. The Licensed Software, comprising proprietary trade secret
information of IPG and/ or its licensors, shall be held in confidence by Customer and Customer shall not
disclose it to third parties, unless disclosure is required by law or legal process. In response to such legal
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