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3D OCT-1 PC SOFTWARE LICENSE TERMS
6. TERMINATION
These LICENSE TERMS shall be forthwith terminated if:
6.1 (1) USER decides to cease use of the SOFTWARE (in this event, USER shall, without delay, notify
TOPCON in writing of such decision ); or
(2) USER fails to comply with any term or condition of these LICENSE TERMS.
6.2 Upon any termination of these LICENSE TERMS, USER shall immediately cease to use the SOFT-
WARE in any manner, and shall promptly, at USER’s expense, return to TOPCON directly or through
its subsidiary, affiliate, distributor or agent, or destroy at TOPCON's option, the SOFTWARE and any
and all copies thereof (if any). USER shall notify TOPCON in writing of this together with a written cer-
tification of its completion or destruction if the destruction is requested by TOPCON. Any memory paid
by USER shall not be refunded after use or installation by USER of the SOFTWARE for any reason
whatsoever including any termination of these LICENSE TERMS.
6.3 Any and all provisions set out in Sections 2.2, 3.2, 4, 6.2 and 7 through 10 shall survive any termina-
tion of these LICENSE TERMS.
7. LIMITED WARRANTY
7.1 In the event that a hidden material defect is found by USER, USER shall notify TOPCON in writing of
such defect directly or through its subsidiary, affiliate, distributor or agent within ninety (90) days after
USER has received the SOFTWARE. TOPCON shall, at its sole discretion, elect to either repair such
defect, or exchange with new software, with no charge to USER, subject to the condition that TOP-
CON has confirmed the existence of such defect which is attributable to TOPCON and has judged
that such defect is material.
TOPCON shall not be liable for any and all obligations under this Section 7.1 if
(1) the hidden defect is not notified within said ninety (90)-day period, or
(2) any defect has arisen out of, resulted from or in connection with any abuse, misuse, acci-
dent, neglect or unauthorized use or repair, or any other improper use, etc. which is not
attributable to TOPCON.
7.2 THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND.
TOPCON FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
THE ENTIRE RISK ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE SOFTWARE REMAINS WITH THE USER. IN NO EVENT SHALL
TOPCON OR ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR AGENTS BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSI-
NESS PROFITS, BUSINESS INTERRUPTION, LOSS OF MEDICAL, CLINICAL OR BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS, OR PERSONAL INJURY OR PROPERTY DAM-
AGE) ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THESE LICENSE
TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE.
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