Welch Allyn Holter System - User Manual - Manual (Page 65)

Directions for Use 61
the Software, but only a limited right of use that is revocable in accordance with the terms
of this License Agreement.
3. License Fees. The Software is licensed to you in consideration of your purchase of the
Welch Allyn Holter System.
4. Term. This License Agreement is effective upon your operation of the Welch Allyn
Holter System and shall continue until terminated. You may terminate this License
Agreement by returning the Welch Allyn Holter System to the dealer from which you
purchased it within the time permitted for returns under your purchase agreement.
Welch Allyn may terminate this License Agreement if you violate any condition of, or
default in performing any obligation required by, the License Agreement. Upon
termination by Welch Allyn, you agree to return the Software to Welch Allyn.
5. Limited Warranty. Welch Allyn warrants, for your benefit alone, for a period of
12 months after the date of commencement of this License Agreement (referred to as
the “Warranty Period”) that during the Warranty Period the Welch Allyn Holter System
Software will operate substantially in accordance with the functional descriptions or
specifications in the User's Instructions or Documentation. Updates to the Welch Allyn
Holter System Software are covered by an Update Warranty Period of 90 days after
delivery of the Update to you. Welch Allyn does not warrant that the Welch Allyn Holter
System Software is free from defects, nor that it will operate error-free or produce results
that will meet your requirements. If during the Warranty Period, a defect in the
Welch Allyn Holter System Software appears, you may return it to Welch Allyn and at
Welch Allyn's sole discretion, it will either: 1) fix or replace the Welch Allyn Holter System
Software, or 2) refund to you the price you paid for the Welch Allyn Holter System. If a
defect in an Update of the Welch Allyn Holter System Software appears during the Update
Warranty Period, you may notify Welch Allyn, and Welch Allyn will use all commercially
reasonable efforts to fix or replace the Updated Welch Allyn Holter System Software.
You agree that the foregoing constitutes your sole and exclusive remedy against
Welch Allyn for the failure of any warranties made under this License Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED
“AS IS,” AND WELCH ALLYN DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. The cumulative liability of Welch Allyn to you or any other party
for any loss or damages resulting from any claims, demands, or actions arising out of or
relating to this License Agreement shall not exceed the price you paid for the Welch Allyn
Holter System. In no event shall Welch Allyn be liable for any indirect, incidental,
consequential, special, or exemplary damages or lost profits, even if Welch Allyn has been
advised of the possibility of such damages.
7. Governing Law. This License Agreement shall be construed and governed in accordance
with the laws of the State of New York, USA.
8. No Waiver. The failure of either party to enforce any rights under this License
Agreement 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 the subsequent enforcement of such
rights.