7
IMPLIED WARRANTEIS INCLUDING, BUT NOT LIMITED TO, TITLE AND
NONINFRINGEMENT OF THIRD PARTY’S RIGHTS, THE WARRANTY OF DESIGN, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OMRON DOES NOT WARRANT THAT LICENSED SOFTWARE WILL MEET LICENSEE’S
REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT ITS DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE COMPATIBLE WITH ANY
OR FUTURE OMRON PRODUCTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY OMRON OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OMRON’S OBLIGATIONS UNDER
THIS AGREEMENT. LICENSEE HEREBY WAIVES ANY AND ALL CLAIMS THAT LICENSEE
MAY HAVE AGAINST OMRON ARISING OUT OF THIS AGREEMENT.
Omron may extend, enhance, or otherwise modify the Licensed Software at any time
without notice, but Omron has no obligation to provide Licensee with any updates or
changes. If updated or changes are made available by Licensee, the terms and
conditions in this Agreement shall govern such updates or changes, unless the updates
or changes are accompanied by a separate license in which case the terms and
conditions of such license will govern.
Omron has no obligation to provide any support or engineering assistance of any sort to
Licensee.
The terms and conditions in this Agreement shall govern the Licensed Software that
Licensee has copied, modified and/or sublicensed.
Section 3-2 Australian Consumer Law (for Licensee in Australia)
3-1.1 In the event that this Agreement constitutes or involves a supply of goods or
services to a consumer as defined in the Australian Consumer Law (“ACL”),
nothing contained in this Agreement excludes, restricts or modifies any condition,
guarantee, warranty or other obligation which is applicable to or is conferred on
Omron pursuant to the ACL where to exclude, restrict or modify any such condition,
warranty or other obligation is unlawful.
3-1.2 To the extent that Licensee is a consumer for the purposes of the ACL:
(a) Omron goods come with guarantees that cannot be excluded under the ACL.
Licensee is entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or damage.
Licensee is also entitled to have the goods repaired or replaced if the goods fail
to be of acceptable quality and the failure does not amount to a major failure.
(b) To the full extent permitted by Law, where the benefit of any such condition,
warranty or other obligation is conferred upon Licensee pursuant to the ACL,
Omron’s sole liability for breach of any such condition, warranty, guarantee or
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