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THIS IS THE ONLY WARRANTY GIVEN WITH THE SOFTWARE; OLYMPUS AND ITS SUPPLIERS MAKE
NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR NON--INFRINGEMENT, MERCHANTABILITY
OR OF FITNESS FOR ANY PARTICULAR PURPOSE. THIS EXPRESS WARRANTY SHALL NOT BE
ENLARGED OR OTHERWISE AFFECTED BY OLYMPUS’S RENDERING OF TECHNICAL OR OTHER
ADVICE OF SERVICE IN CONNECTION WITH THE SOFTWARE. KEYMED AND ITS SUPPLIERS
SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM
THE SOFTWARE NOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE OR
USE OF ITEMS DESIGNED WITH THE SOFTWARE
5. HIGH RISK USE UNAUTHORIZED. The Software are not designed, manufactured, or intended for us e
in hazardous, medical, or other environments requiring fai l--safe performance where the fai lure of the
Software could lead directly to death, personal injury, or significant phys ical or env ironmental damage.
Use of the Software in such a manner is not authorized.
6.LIMITATION OF LIABILITY. The cumulative liability of Olympus and its suppliers to you or any other
party for an los s of damages resul ting from any claims, demands, or actions arisi ng out or in connection
with the S oftware, or arisi ng out of i n connection with or relating to this License Agreement s hall not
exc eed the License fee paid to Olympus by you for the S oftware. In no event shal l Olympus or its
suppliers be li able for any indirect, incidental, spec ial, exemplary, or c onsequential damages (inc luding any
damages resulting from loss of use, loss of data, loss of profits or loss of business), or lost profits, even if
Olympus has been advi sed of the possibility of such damages.
7. MISCELLANEOUS. This Agreement shall be construed and gov erned i n accordance with the laws of
England, and shal l be construed as an instrument under seal. Should any term of this Agreement be
declared void or unenforceable by any court or competent jurisdiction, such declaration shall have no
effect on the remaining terms hereof. The failure of either party to enforce any rights granted hereunder or
take action against the other party in the event of any breach hereunder shall not be deemed a waiver by
that party as to subsequent enforcement of rights or subsequent acti ons in the event of future breaches.
The provisions of this Agreement may be enforced not only by Olympus, but by its suppliers, each of which
is an intended third party beneficiary of this A greement.
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