C
LUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. PURCHASER ACCEPTS
THE DELIVERABLES “AS IS,” EXCEPT FOR THE EXPRESS LIMITED WARRANTY MADE HEREIN.
Limitation of Remedies. In the event of any breach of any express warranty made herein, LRS may at its
option repair or replace any defective Deliverable or refund the money that Purchaser paid for it. LRS’s
total liability for any defect in any Deliverable or for any other breach of any of its duties and obligations
to Purchaser shall be limited to the amount of money that was paid for the defective Deliverable or the
other duty or obligation. LRS will in no event be liable for any lost profit or any other type of consequen-
tial damage.
Confidentiality. The Deliverables and all computer systems that deliver any portion of them contain con-
fidential trade secret information. Purchaser shall not attempt to reverse engineer any portion of the De-
liverables or such computer systems, such as to decompile any portion of the Software, nor aid anyone
else in doing so.
Intellectual Property. No portion of any intellectual property right in the Deliverables is being transferred
to the Purchaser or to its customers. Purchaser may not copy or modify any portion of the Deliverables,
nor permit or aid anyone else in doing so. Notwithstanding, Purchaser may use the Deliverables as they
are intended to be used, as expressed in written materials published by LRS.
Operational Authority and Licensing Requirements. Non-Federal government Purchasers may operate
the Deliverables within the United States under the licensing authority issued to LRS by the Federal Com-
munications Commission (FCC), provided, however, that such operation is: (a) subject to LRS’s control, (b)
conducted on a non-profit, cost shared basis with costs apportioned as part of the price for such Deliver-
able, (c) in accordance method of operation set forth in the manual for the deliverable, available for
download at http://lrsus.com/support and (d) limited to the term of this Agreement, the term of LRS’s au-
thority, or a term otherwise specified by LRS, whichever expires earlier. Notwithstanding the provision
below entitled “No Third Party Beneficiary,” users of any Deliverables acquired from Purchasers or other
entities may contact LRS to determine if they may be eligible to operate under LRS’s authority. Alterna-
tively, Purchasers and users may obtain their own licensing authority; the FCC posts a list of licensing co-
ordinators at http://wireless.fcc.gov/services/index.htm?job=licensing_3&id=industrial_business.
Purchasers and eligible users of any Deliverable agree to abide by and strictly adhere to any rules, regula-
tions and guidelines, including the FCC’s rules, governing the operation of the Deliverable. Changes or
modifications to any portion of any Deliverable may void the Purchaser’s or user’s authority to operate the
Deliverable and should not be made without the express approval of LRS. Moreover, use of any portion of
any Deliverable outside the United States is subject to the rules and regulations of other countries and
may be prohibited. Use of any Deliverable constitutes Purchaser’s and user’s acceptance of and agreement
to these General Terms and Conditions, including any revisions to these General Terms and Conditions
that may be required to reflect changes in the regulatory or other obligations imposed upon LRS.
Governing Law and Venue. These General Terms and Conditions and any agreement relating to them
shall be construed in accordance with and governed by the laws of the State of Texas (without regard to
its conflicts of laws). Any dispute relating to these General Terms and Conditions and any agreement re-
lating to them may only be heard and resolved by a court in Dallas County in the State of Texas. Purchaser
consents to the personal jurisdiction of such courts over it. If any action at law or in equity is necessary to
enforce or interpret any of the rights or obligations of the parties to these General Terms and Conditions,
the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements, in
Long Range Systems 44 T7470 User Manual
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