may require some expenses), may require periodical updating and may be affected by such elements. Most equipment will
be compatible with the Software. However, the Software may not function on certain types of equipment.
4. Modifications and Upgrades. The Licensor shall be under no obligation to provide any upgrade or modification to the
Software. However, the End-User shall be entitled to receive free of charge all modifications and upgrades of the Software
provided by the Licensor if, at such time, the End-User is not in default in respect of any of its obligation contained herein.
Such modifications and upgrades of the Software shall be installed by the End-User itself by consulting the Licensor’s
Website http://robotiq.com/ where a link to proceed to such installation will be made available thereof. A new version of the
Software shall not be covered by this Section 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 agrees and
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 undertakes to deploy its best efforts to
perform such worksat appropriate timesand to limit any inconvenience arising therefrom.
7. Title to Software. The licensed Software is composed of confidential data and trade secrets and is proprietary to and
constitutes trade secret information and intellectual property of the Licensor. Title and ownership rights to the Software,
including the intellectual property rights related thereto, shall remain with the Licensor. The End-User agreesto maintain the
confidential nature of the Software and related materials provided for the End-User’s own internal use under this
Agreement. The license granted herein does not 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 prepare directive works, copy (except for normal backups for 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
mentioned 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 is provided “ AS IS” and without warranty of any kind. THE LICENSOR AND THE LICENSOR’S
AUTHORIZED REPRESEN- TATIVES DO NOT WARRANT THAT Software WILL BE FREE OF ERRORS AND YOU
ACKNOWLEDGE THAT THE EXISTENCE OF ANY SUCH ERRORS DOES NOT CONSTITUTE A BREACH OF THIS
AGREEMENT. TO THE EXTENT PERMITTED BY LAW LICENSOR AND LICENSOR’S AUTHORIZED REPRESEN-TATIVES
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING , BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTA-BILITY AND FITNESS FOR A PARTICULAR PURPOSE UNLESS OTHERWISE STATED
HEREIN. LICENSOR AND LICENSOR’S AUTHORIZED REPRESENTATIVES DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE Software WILL MEET THE END-USERREQUIREMENTSORTHAT THE OPERATION OF THE Software
WILL BE CORRECT. FURTHERMORE, LICENSOR AND LICENSOR’S AUTHORIZED REPRESEN- TATIVES DO NOT
WARRANT ORMAKE ANYREPRESENTATIONSREGARDING THE USE ORTHERESULTSOF THE USE OF THESoftware IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY LICENSOR AND LICENSOR’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE Software PROVE DEFECTIVE IN YOUR
TECHNOLOGY ENVIRONMENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION TO YOUROWN TECHNOLOGYENVIRONMENT.
10. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR AND LICENSOR’S AUTHORIZED
REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF
ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL THEORY RELATED TO THE Software. SUCH DAMAGESINCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS,
LOSSOF REVENUE, LOSSOF DATA, LOSSOF USE OF THE PRODUCT ORANY ASSOCIATED EQUIPMENT, DOWN TIME
AND USER’S TIME, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, LICENSOR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT ACTUALLYPAID IN RESPECT OF THE LICENSOR’SPRODUCTSPURCHASED BYTHE END-USERPURSUANT TO
A PURCHASEAGREEMENT.
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