Welch Allyn Image Capture System - User Manual User Manual

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device 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 ICS Software will operate substantially in
accordance with the functional descriptions or specifications in the User's Instructions or
Documentation. Updates to the ICS 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 ICS
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 ICS Software appears,
you may return it to Welch Allyn and at Welch Allyn's sole discretion, it will either: 1) fix or
replace the ICS Software, or 2) refund to you the price you paid for the ICS device. If a defect
in an Update of the ICS 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 ICS 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 ICS device. 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.

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.