2F-85 & 2F-140 - Instruction Manual
4. Modifications and Upgrades. The Licensor shall be under no obligation to provide any upgrade or modification to the Soft-
ware. However, the End-User shall be entitled to receive free of charge all modifications and upgradesof the Software
provided by the Licensor if, at such time, the End-User isnot in default in respect of any of its obligation contained herein.
Such modifications and upgradesof the Software shall be installed by the End-User itself by consulting the Licensor’sWeb-
site http://robotiq.com/ where a link to proceed to such installation will be made available thereof. A new version of the Soft-
ware shall not be covered by thisSection 4 but shall require that a new End-User Software License Agreement be entered
into between the Licensor and the End-User.
5. Fees. The grant by Licensor to the End-User of the present license shall be free to the extent that the End-User agreesand
complies to the term and conditions herein at all time.
6. Maintenance. During the term of this Agreement, the Licensor will maintain the Software in an operable condition and will
make available any corrections and improvements as are generally incorporated in the Software by the Licensor without
additional charge to the End-User. The Licensor may temporarily and without notice suspend or limit access to the Software
if necessary or desirable in order to maintain, restore, modify or repair any part of the Software or for any reason related to
business. During such works, the Software will not be available but the Licensor undertakesto deploy its best effortsto per-
form such worksat appropriate times and to limit any inconvenience arising therefrom.
7. Title to Software. The licensed Software iscomposed of confidential data and trade secretsand is proprietary to and con-
stitutestrade secret information and intellectual property of the Licensor. Title and ownership rightsto the Software, includ-
ing the intellectual property rights related thereto, shall remain with the Licensor. The End-User agrees to maintain the
confidential nature of the Software and related materials provided for the End-User’s own internal use under thisAgree-
ment. The license granted herein doesnot include the right to sublicense to others, and may not be assigned to others, in
whole or in part, without the prior written consent of the Licensor. The End-User may not or allow others to modify or pre-
pare directive works, copy (except for normal backupsfor recovery purposes), reproduce, republish, reverse engineer,
upload, post, transmit, or distribute, in any manner, the Software.
8. Restricted Use. The Software shall be used solely and exclusively by the End-User and its employees for the purpose men-
tioned in Sub-section 1.4 hereof. Any other use of the Software, including resell derivative modifications or extensions, is
expressly prohibited.
9. Exclusion of Warranty on Software. The End-User expressly acknowledges and agrees that use of the Software is at the End-
User sole risk. The Software isprovided “ ASIS” and without warranty of any kind. THELICENSORAND THE LICENSOR’S
AUTHORIZED REPRESEN-TATIVESDO NOT WARRANT THAT Software WILL BEFREE OF ERRORSAND YOU
ACKNOWLEDGETHAT THE EXISTENCEOF ANYSUCH ERRORSDOESNOT CONSTITUTEA BREACH OF THIS
AGREEMENT. TO THEEXTENT PERMITTED BYLAW LICENSORAND LICENSOR’SAUTHORIZED REPRESEN-TATIVES
EXPRESSLYDISCLAIM ALL WARRANTIES, EXPRESSORIMPLIED, INCLUDING , BUT NOT LIMITED TO, THE IMPLIED
WARRANTIESOF MERCHANTA-BILITYAND FITNESSFORA PARTICULARPURPOSEUNLESSOTHERWISE STATED
HEREIN. LICENSORAND LICENSOR’SAUTHORIZED REPRESENTATIVESDO NOT WARRANT THAT THEFUNCTIONS
CONTAINED IN THE Software WILL MEET THEEND-USERREQUIREMENTSORTHAT THEOPERATION OF THESoftware
WILL BECORRECT. FURTHERMORE, LICENSORAND LICENSOR’SAUTHORIZED REPRESEN-TATIVESDO NOT
WARRANT ORMAKEANYREPRESENTATIONSREGARDING THE USEORTHERESULTSOF THEUSE OF THESoftware IN
TERMSOF ITSCORRECTNESS, ACCURACY, RELIABILITY, OROTHERWISE. NO ORAL ORWRITTEN INFORMATION OR
ADVICEGIVEN BYLICENSORAND LICENSOR’SAUTHORIZED REPRESENTATIVESHALL CREATE A WARRANTYORIN
ANYWAYINCREASE THESCOPEOF THISWARRANTY. SHOULD THESoftware PROVE DEFECTIVE IN YOUR
TECHNOLOGYENVIRONMENT, YOU ASSUMETHE ENTIRE COST OF ALL NECESSARYSERVICING, REPAIROR
CORRECTION TO YOUROWN TECHNOLOGYENVIRONMENT.
10. Limitation of liability. TO THEMAXIMUM EXTENT PERMITTED BYLAW, LICENSORAND LICENSOR’SAUTHORIZED
REPRESENTATIVESSHALL NOT BELIABLE FORANYINCIDENTAL ORCONSEQUENTIAL DAMAGESFORBREACH OF
ANYEXPRESSORIMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITYORANYOTHER
LEGAL THEORYRELATED TO THE Software. SUCH DAMAGESINCLUDE, BUT ARE NOT LIMITED TO, LOSSOF PROFITS,
LOSSOF REVENUE, LOSSOF DATA, LOSSOF USEOF THE PRODUCT ORANYASSOCIATED EQUIPMENT, DOWN TIME
AND USER’STIME, EVEN IF THELICENSORHASBEEN ADVISED OF THEPOSSIBILITYOF SUCH DAMAGES. IN ANY
CASE, LICENSORENTIRE LIABILITYUNDERANYPROVISION OF THISAGREEMENT SHALL BE LIMITED TO THE
AMOUNT ACTUALLYPAID IN RESPECT OF THELICENSOR’SPRODUCTSPURCHASED BYTHEEND-USERPURSUANT TO
A PURCHASE AGREEMENT.
11. Training, Maintenance and Support There is no entitlement to training, maintenance and support under this license unless
otherwise specified in the Purchase Agreement or any other written agreement between the End-User and the Licensor. The
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