Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 193)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 193

h) Your failure to install and Use in

substitution for the previous release any New Release of

the Software within ninety (90) days of receipt of the same;

i) the use of the Software for a purpose for which

they were not designed.

6.4 Without prejudice to the foregoing the Licensor does not warrant that the

Use of the Software will meet Your requirements or that the operation

of the Software (including where in machine-readable form the Software

Documentation) will be uninterrupted or error free.

6.5 Nothing in this Agreement shall obligate the Licensor to improve or

otherwise support the Licensed Software Materials.

6.6 Subject to the foregoing all conditions, warranties, terms, representations

(unless fraudulent) and undertakings express or implied, statutory or otherwise

in respect of the Licensed Software Materials are hereby excluded to the fullest

extent permissible by law.

7 LIMITATION OF LIABILITY

7.1 Where any sustainable claim is made by You in respect of any

breach of the warranties given by the Licensor pursuant to clause 6 above, the

Licensor shall be entitled at its option either to replace or repair the Software

free of charge. This shall be Your sole and exclusive remedy and the

Licensor shall have no further liability to You for breach of such

warranties.

7.2 Subject to Clause 7.1 above and without prejudice to Clause 7.4, and

except as otherwise provided in this Agreement, the total liability of the Licensor

in contract, tort (including negligence or breach of statutory duty) or otherwise

arising by reason of or in connection with this Agreement shall be limited in

aggregate to the total price paid and payable by You for the Goods

under the Contract.

7.3 Without prejudice to Clause 7.4, in no event shall the Licensor be liable

to You for loss of revenue, loss of anticipated savings, loss of profits,

loss of data, damage to goodwill, loss of reputation or for any type of indirect,

economic or consequential loss or damage whatsoever or howsoever caused.

7.4 Neither party excludes or limits liability to the other for death or personal

injury caused by its negligence or for fraud.

7.5 Save as expressly stated in this Agreement, all conditions, warranties

and representations (unless fraudulent) expressed or implied by statute,

common law or otherwise in relation to the Licensed Software Materials are

hereby excluded to the fullest extent permissible by law.

8 RISK IN THE LICENSED SOFTWARE MATERIALS

Risk in the Licensed Software Materials will pass to You upon

the date of delivery of the Licensed Software Materials to You.

If subsequently the Licensed Software Materials are (in whole or in part)

destroyed, damaged or lost the Licensor will upon written request

replace the same subject to You paying its then prevailing

charges.

9 CONFIDENTIALITY

9.1 Neither Party shall use, copy, adapt, alter, disclose or part with

possession of any information or data of the other Party which is disclosed or

otherwise comes into its possession directly or indirectly as a result of this

Agreement and which is of a confidential nature (“Confidential Information”)

without the prior written consent of the disclosing Party except as strictly

necessary to perform its obligations or exercise its rights under this Agreement.

9.2 The receiving Party undertakes not to disclose any Confidential

Information of the disclosing Party to any third party other than employees,

professional advisors and approved sub-contractors of the receiving Party on a

“need to know” basis only and to whom disclosure is necessary for the proper

performance of their duties under this Agreement.

9.3 The foregoing obligations shall not apply to Confidential Information that:

9.3.1 was known to the receiving Party prior to receipt from the

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