Campbell Scientific Java PakBus Software Development Kit User Manual

Page 5

Campbell Scientific warrants that the software itself will perform substantially in accordance with the

specifications set forth in the instruction manual when properly installed and used in a manner consistent with the

published recommendations, including recommended system requirements. Campbell Scientific does not warrant

that the software will meet licensee’s requirements for use, or that the software or documentation are error free, or

that the operation of the software will be uninterrupted.

Campbell Scientific will either replace or correct any software that does not perform substantially according to the

specifications set forth in the instruction manual with a corrected copy of the software or corrective code. In the

case of significant error in the installation media or documentation, Campbell Scientific will correct errors without

charge by providing new media, addenda, or substitute pages. If Campbell Scientific is unable to replace defective

media or documentation, or if it is unable to provide corrected software or corrected documentation within a

reasonable time, it will either replace the software with a functionally similar program or refund the purchase price

paid for the software.

All warranties of merchantability and fitness for a particular purpose are disclaimed and excluded. Campbell

Scientific shall not in any case be liable for special, incidental, consequential, indirect, or other similar damages

even if Campbell Scientific has been advised of the possibility of such damages. Campbell Scientific is not

responsible for any costs incurred as a result of lost profits or revenue, loss of use of the software, loss of data, cost

of re-creating lost data, the cost of any substitute program, telecommunication access costs, claims by any party

other than licensee, or for other similar costs.

This warranty does not cover any software that has been altered or changed in any way by anyone other than

Campbell Scientific. Campbell Scientific is not responsible for problems caused by computer hardware, computer

operating systems, or the use of Campbell Scientific’s software with non-Campbell Scientific software.

Licensee’s sole and exclusive remedy is set forth in this limited warranty. Campbell Scientific’s aggregate liability

arising from or relating to this agreement or the software or documentation (regardless of the form of action; e.g.,

contract, tort, computer malpractice, fraud and/or otherwise) is limited to the purchase price paid by the licensee.

There is no written or implied warranty provided with the Java PakBus® SDK software other than as stated herein.

Developer agrees to bear all warranty responsibility of any derivative products distributed by Developer.

TERMINATION: Any license violation or breach of Agreement will result in immediate termination of the

developer's rights herein and the return of all Java PakBus® SDK materials to Campbell Scientific, Inc.

MISCELLANEOUS: Notices required hereunder shall be in writing and shall be given by certified or registered

mail, return receipt requested. Such notice shall be deemed given in the case of certified or registered mail on the

date of receipt. This Agreement shall be governed and construed in accordance with the laws of the State of Utah,

USA. Any dispute resulting from this Agreement will be settled in arbitration. This Agreement sets forth the entire

understanding of the parties and supersedes all prior agreements, arrangements and communications, whether oral

or written pertaining to the subject matter hereof. This Agreement shall not be modified or amended except by the

mutual written agreement of the parties. The failure of either party to enforce any of the provisions of this

Agreement shall not be construed as a waiver of such provisions or of the right of such party thereafter to enforce

each and every provision contained herein. If any term, clause, or provision contained in this Agreement is

declared or held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the

validity of any other term, clause, or provision herein contained. Neither the rights nor the obligations arising

under this Agreement are assignable or transferable.

provisions. This software may not be altered in any way without prior written permission from Campbell

Scientific. All copyright notices and labeling must be left intact.