Warranty and Limitation of Liability
January 14, 2008 2G0733 A-3
Copyright. The Software is owned by Carestream Health, Inc. or its
suppliers and protected by copyright laws and international treaties. You
may not copy the Software other than as expressly provided in this license.
You may not reverse engineer, decompile, or disassemble the Software. If
this Software is used within a country of the European Union, nothing in
this Agreement shall be construed as restricting any rights available under
the European Community Software Directive (91/250/EEC).
Term and Termination. This Software license will remain in effect for as
long as the Customer rightfully retains possession of the Software as
delivered by Carestream Health, Inc. However, this license will terminate
immediately (i) if the Customer transfers or modifies the Software except as
provided under this Agreement, (ii) upon an uncured default by the
Customer of this Agreement, or (iii) if the Customer becomes insolvent,
makes an arrangement for the benefit of creditors, or becomes subject to
bankruptcy proceedings. Within thirty (30) days after any expiration or
termination of this license, in whole or in part, the Customer agrees to
deliver to Carestream Health, Inc. all copies of the Software or media
(whether in whole or in part) in the Customer's possession, or as to any copy
not in the Customer's possession, Customer agrees to certify in writing that
the copy is either lost or has been destroyed.
Software Upgrades. Enhancements and/or upgrades will be made available
to the Customer at a price not greater than the said item's list price and may
or may not be discounted according to Carestream Health, Inc. pricing
structure at the time of purchase.
Limited Warranty For a period of one year from and after installation of Software, Carestream
Health, Inc. warrants that the Software will substantially conform to
Carestream Health, Inc. specifications and that the media on which the
software is furnished will be free from defects in materials and
workmanship under normal use. Carestream Health, Inc.'s sole obligation
under this warranty will be limited to using reasonable efforts to ensure such
conformity and to supply Customer with a corrected version of the Software
as soon as practical after Customer has notified Carestream Health, Inc. of
any non-conformity. Carestream Health, Inc. does not warrant that: (i)
operation of any of the Software will be uninterrupted or error free, or (ii)
functions contained in the Software will operate in the combinations which
may be selected for use by, or meet Customer's requirements. This warranty
will be void if the Software is modified without the written consent of
Carestream Health, Inc.
Subject to any applicable legislation which prohibits the following
exclusions, CARESTREAM HEALTH, INC. MAKES NO OTHER
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Some states and
countries, including Australia, do not allow the exclusion of implied
warranties, or have legislation that imposes certain statutory warranties that
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