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ERT-S Manual

Manual for ERT-S

Download Agreement

Seaward Electronic Ltd. Download Agreement

Important Notice
This agreement applies to the download and use of software, applications, patches and upgrades (collectively, "Software Components") posted on the Seaward web site . THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND SEAWARD ELECTRONIC WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF SOFTWARE COMPONENTS PRODUCED BY SEAWARD ELECTRONIC. INSTALLATION OR USE OF THESE SOFTWARE COMPONENTS INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWLOAD, INSTALL OR USE ANY SOFTWARE COMPONENT.

You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks or any other rights or licenses belonging to Seaward Electronic or other creator of the Software Component beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Software Component).

Termination
Seaward Electronic may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to Seaward Electronic or destroy all copies of all Seaward Electronic Software Components obtained from the Download Area

Risk of Use
YOU UNDERSTAND THAT THE SOFTWARE COMPONENTS MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS.  YOUR USE OF ANY SOFTWARE COMPONENET IS ENTIRELY AT YOUR OWN RISK.

No Warranty
THE SOFTWARE COMPONENTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. SEAWARD ELECTRONIC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification
You agree to defend, indemnify and hold harmless Seaward Electronic against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency or liability (including, without limitation, attorneys' fees) imposed upon, incurred by or asserted against Seaward Electronic that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations or omissions in connection with this Agreement, (c) any modification or alteration of a Software Component (other than one made by Seaward Electronic), and/or (d) any warranty, condition, representation or indemnity granted by you for any Software Component.

Limitation on Liability
IN NO CASE SHALL SEAWARD ELECTRONIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY.  THIS IS TRUE EVEN IF SEAWARD ELECTRONIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO CASE WILL SEAWARD ELECTRONIC’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO SEAWARD ELECTRONIC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU.  IN SUCH CASE, SEAWARD ELECTRONICS LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.

Seaward Electronic Download Area License (rev. 1).doc

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