Quadrox Count-Guard User Manual - Manual (Page 48)

Count!Guard Manual 48
Version 2.1.0.0 Series
2010 Quadrox NV
Terms
This License Agreement is effective upon the first use of the Software on a computer, and shall continue
until terminated.
Licensee may terminate this License Agreement at any time by destroying any Licensed Material in his
possession or by returning the Licensed Material and any copies or extracts to the Licenser. No refund of any
amount paid will be made, except as granted in accordance with paragraph 5. “Warranty” hereunder.
Licenser may terminate this License Agreement only upon breach by Licensee of any term hereof. If not
terminated by either party, the license is not limited in time.
Warranty
Licenser warrants, for Licensee's benefit alone, for a period of ninety days from the effective date of this
License Agreement (hereinafter referred to as the "Warranty Period") that the CD-ROM containing the
Software is free from defects in material and workmanship. Licensee agrees that the foregoing constitutes his
sole and exclusive remedy for breach by Licenser of warranties made under this Agreement.
Except for the warranties set forth above, the Licensed Material, and the Software contained therein, are
licensed "as is", and Licenser disclaims any and all warranties, whether express or implied, including,
without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
Licenser's cumulative liability to Licensee for any loss or damages resulting from any claims, demands or
actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licenser for use of
the Licensed Material. In no event shall Licenser be liable for any indirect, incidental, consequential, special
or exemplary damages or lost profits, even if Licenser has been advised of the possibility of such damages.
For U.S.A. only: Some states do not allow the limitation or exclusion of liability for incidental or
consequential damages, in which case the above limitation or exclusion may not apply to Licensee.
Governing Law
This License Agreement shall be construed and governed in accordance with the laws of Belgium. However,
if the license is acquired in the U.S.A., this License Agreement shall be construed and governed in
accordance with the laws of the State of Nevada.
Severability
Should any court or competent jurisdiction declare any term of this License Agreement void or
unenforceable, such declaration shall have no effect on the remaining terms hereof.
No Waiver
The failure of either party to enforce any rights granted hereunder or to take action against the other party in
the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement
of rights or subsequent actions in the event of future breaches.