F-2
Software License
7. LIMITATION OF LIABILITY. IN NO EVENT WILL TERUMO CARDIOVASCULAR
BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT,
TORT, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF THE
INSTALLATION OF, USE OF, OR INABILITY TO USE THE SOFTWARE, EVEN IF
TERUMO CARDIOVASCULAR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TERUMO CARDIOVASCULAR’S LIMIT OF LIABILITY FOR
DIRECT DAMAGES HEREUNDER, REGARDLESS OF LEGAL THEORY OR CAUSE
OF ACTION, SHALL BE LIMITED TO THE LICENSE FEE PAID TO TERUMO
CARDIOVASCULAR.
8. EXPORT REGULATION. The SOFTWARE is subject to export control laws
and regulations of the United States and may be subject to export or
import regulations and laws of other countries. The SOFTWARE shall not be
downloaded by, exported or re-exported to, any country currently under an
embargo of the United States Government, including but not limited to Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria, or to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the United States
Department of Commerce’s Table of Denial Orders.
9. GOVERNMENT END USERS. The SOFTWARE is considered “Commercial Items”
as dened in 48 C.F.R.2.101, consisting of “Commercial Computer Software” and
“Commercial Computer Software Documentation” as dened in 48 C.F.R.12.212
or 48 C.F.R.227.7202 as applicable. The SOFTWARE is being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only those
rights granted to all other end users pursuant to the Agreement.
10. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the United States and the State of Michigan,
as applied to agreements entered into and to be performed entirely within
Michigan by Michigan residents. If you acquire this Software outside of the
United States, the laws of the United States and the State of Michigan shall
apply to this Agreement.
11. SEVERABILITY. If for any reason a court of competent jurisdiction nds any
provision of this Agreement, or portions thereof, to be unenforceable,
that provision of the Agreement shall be enforced to the maximum extent
permissible so as to affect the intent of the parties, and the remainder of this
Agreement shall continue in full force and effect.
12. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement
between the parties with respect to the SOFTWARE. No amendment to or
modication of this Agreement will be binding unless in writing and signed by
a duly authorized representative of Terumo Cardiovascular.
13. NOTICES. Notices required to be sent to Terumo Cardiovascular under the terms
of this Agreement should be sent to: Customer Service, Terumo Cardiovascular
Systems Corporation, 6200 Jackson Rd., Ann Arbor, MI 48103, USA.
© 2024 Terumo Cardiovascular. All rights reserved
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