Appendix 6 – FTDI Devices Drivers’ License Agreement
F6 SMART™ – Volumetric Handheld Camera – User Guide
5.1 To the maximum extent permitted by applicable law, the software is provided "as is".
5.2 All implied warranties, implied conditions and/or implied licences are excluded from this Licence, including but not limited to
implied warranties of quality and/or fitness for purpose (in all cases) to the fullest extent permitted by law.
5.3 You acknowledge that the Software has not been developed to meet your individual requirements and that the Software may
not be uninterrupted or free of bugs or errors.
6. LICENSOR'S LIABILITY
6.1 To the maximum extent permitted by applicable law, in no event shall the Licensor be liable for any:
6.1.1 special loss or damage;
6.1.2 incidental loss or damage;
6.1.3 indirect or consequential loss or damage:
6.1.4 loss of income;
6.1.5 loss of business;
6.1.6 loss of profits;
6.1.7 loss of revenue;
6.1.8 loss of contracts;
6.1.9 business interruption;
6.1.10 loss of the use of money or anticipated savings;
6.1.11 loss of information;
6.1.12 loss of opportunity;
6.1.13 loss of goodwill or reputation; and/or
6.1.14 loss of, damage to or corruption of data;
(in each case) of any kind howsoever arising and whether caused by delict (including negligence), breach of contract or otherwise.
6.2 FTDI's total liability to you in relation to the Software shall not exceed 500 US Dollars.
6.3 Nothing in this Licence limits or excludes liability for death or personal injury or for fraud.
7. TERMINATION
7.1 The Licensor may terminate this Licence immediately if:
7.1.1 you fail to comply with any of the terms and conditions of the Licence; or
7.1.2 you commence or participate in any legal proceedings against the Licensor.
7.2 Upon termination:
7.2.1 all rights granted to you under this Licence shall cease;
7.2.2 you must cease all activities authorised by this Licence; and
7.2.3 you must immediately delete or remove the Software from all computer equipment in your possession and immediately
destroy all copies of the Software then in your possession, custody or control.
8. TRANSFER OF RIGHTS AND OBLIGATIONS
8.1 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it.
8.2 The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations
arising under it, at any time during the term of the Licence.
9. WAIVER
9.1 If the Licensor fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under
this Licence, or if the Licensor fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not
constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
9.2 A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.
9.3 No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing.
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