Tripp Lite B092-016 Owner's Manual download pdf (Page 233)

233

EXPORT RESTRICTIONS

You agree that you will not export or re

export the Software, any part thereof,

or any process or service that is the direct produc

t of the Software in violation of any applicable laws or

regulations of the United States or the country in which you obtained them.

U.S

GOVERNMENT RESTRICTED RIGHTS

The Software and related documentation are provided with

Restricted Rights

Use, duplica

tion, or disclosure by the Government is subject to restrictions set forth in

subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS

252.227

7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software

–

Restricted Rights

at 48 C.F.R

52.227

19, as applicable, or any successor regulations.

TERM AND TERMINATION

This EULA is effective until terminated

The EULA terminates immediately if

you fail to comply with any term or condition

In such an event, you

must destroy all copies of the

Software

You may also terminate this EULA at any time by destroying the Software.

GOVERNING LAW AND ATTORNEY’S FEES

This EULA is governed by the laws of the State of Utah,

USA, excluding its conflict of law rules

You agree

that the United Nations Convention on Contracts for

the International Sale of Goods is hereby excluded in its entirety and does not apply to this EULA

If you

acquired this Software in a country outside of the United States, that country’s laws may apply

In any

action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA,

the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.

ENTIRE AGREEMENT

This EULA constitutes the

entire agreement between you and

Tripp Lite

with

respect to the Software, and supersedes all other agreements or representations, whether written or oral

The terms of this EULA can only be modified by express written consent of both parties

If any part o

f this

EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by

applicable law, and will not affect the enforceability of any other part.

Should you have any questions concerning this EULA, or if you desire to conta

Tripp Lite

for any

reason, please contact the

Tripp Lite

representative serving your company.

THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED

INTO THIS EULA BY REFERENCE. THE SOFTWARE IS NOT FAULT TOLERANT

YOU HAVE

INDE

PENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND

TRIPPLITE

HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE

SOFTWARE IS SUITABLE FOR SUCH USE.

LIMITED WARRANTY

Tripp Lite

warrants the media containing the Software for

a period of ninety (90)

days from the date of original purchase from

Tripp Lite

or its authorized retailer

Proof of date of purchase

will be required

Any updates to the Software provided by

Tripp Lite

(which may be provided by

Tripp Lite

at its sole disc

retion) shall be governed by the terms of this EULA

In the event the product fails to

perform as warranted,

Tripp Lite

’s sole obligation shall be, at

Tripp Lite

’s discretion, to refund the

purchase price paid by you for the Software on the defective media

, or to replace the Software on new

media

Tripp Lite

makes no warranty or representation that its Software will meet your requirements, will

work in combination with any hardware or application software products provided by third parties, that the

operati

on of the software products will be uninterrupted or error free, or that all defects in the Software will

be corrected.

TRIPP

LITE

DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF M

ERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE

OTHER THAN AS STATED HEREIN, THE ENTIRE RISK

AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU

ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE

SOFTWARE

OR AGAINST INFRINGEMENT

IF YOU HAVE RECEIVED ANY WARRANTIES

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