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5.1 (1) USER decides to cease use of the INSTRUMENT (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.
5.2 Upon any termination of these LICENSE TERMS, USER shall immediately cease to use the INSTRUMENT in
any manner. Any memory paid by USER shall not be refunded after use or installation by USER of the INSTRU
-
MENT for any reason whatsoever including any termination of these LICENSE TERMS.
5.3 Any and all provisions set out in Sections 3, 5.2 and 6 through 10 shall survive any termination of these
LICENSE TERMS.
6. LIMITED WARRANTY
6.1 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 TOPCON 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 6.1 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, accident, neglect
or unauthorized use or repair, or any other improper use, etc. which is not attributable to TOPCON.
TOPCON shall not give any warranty to the USER for “Qt” instead of Digia Plc, regardless of Section
6.
6.2 THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. TOPCON
FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRAN
-
TIES 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 PERFOR-
MANCE OF THE SOFTWARE REMAINS WITH THE USER. IN NO EVENT SHALL TOPCON OR ITS SUBSID-
IARIES, 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 BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF MED
-
ICAL, CLINICAL OR BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, OR PERSONAL INJURY
OR PROPERTY DAMAGE) ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THESE
LICENSE TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE.
7. COMPLIANCE WITH EXPORT CONTROL LAWS
Any and all exports or re-exports of the SOFTWARE are subject to Japanese Exchange and Foreign Trade Law
and other Japanese-related laws and regulations, and/or the United States Export Administration Act, its imple
-
menting regulations as well as other U.S. export laws and regulations. Export or re-export of the SOFTWARE in
a manner contrary to either Japanese or U.S. law or regulation is strictly prohibited.
USER shall not export nor re-export to any country the SOFTWARE or any part or copy thereof without first
obtaining all required authorization from the Japanese or United States government.
In addition, with respect to export and re-export of the SOFTWARE, USER shall observe and comply with any
other applicable export laws and regulations of any other countries and shall not export nor re-export to any
country the SOFTWARE or any part or copy thereof in a manner contrary to any other applicable export laws and
regulations of any other countries.
TOPCON OR ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS AND AGENTS SHALL NOT BE RESPONSI-
BLE NOR LIABLE TO USER FOR ANY LIABILITY, LOSS, DAMAGE, PUNISHMENT, OR PENALTY ARISING
OUT OF OR RESULTING FROM USER'S VIOLATION OF OR NON-COMPLIANCE WITH ANY JAPANESE,
U.S. OR OTHER APPLICABLE COUNTRY'S EXPORT CONTROL LAWS OR REGULATIONS.
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