Hypertherm V9 Series Phoenix Rev.11 - Manual (Page 36)

SC-36 Safety and Compliance
Shrink-wrap License Agreement
6. The License Agreement shall provide that Hypertherm shall retain sole and exclusive ownership of the Hypertherm
Technology and that the End User Customer shall obtain no rights in the Hypertherm Technology, except for those
expressly set forth in the sublicense agreement.
7. The License Agreement shall give Hypertherm the right to terminate the agreement effective immediately upon
written notice if the End User Customer breaches any provision of the License Agreement and fails to cure such
breach within five (5) days after receiving written notice thereof from Hypertherm.
8. HYPERTHERM, ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE HYPERTHERM TECHNOLOGY OR RELATED SOFTWARE
EMBODIED THEREIN, AND DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER HYPERTHERM NOR ANY OF ITS LICENSORS OR
SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY,
RELIABILITY OR PERFORMANCE OF THE HYPERTHERM TECHNOLOGY OR RELATED SOFTWARE
EMBODIED THEREIN, OR THE RESULTS TO BE OBTAINED THROUGH THE USE OF THE HYPERTHERM
TECHNOLOGY OR RELATED SOFTWARE, OR THAT THE OPERATION OF SUCH HYPERTHERM
TECHNOLOGY OR RELATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HYPERTHERM, ITS
LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THE HYPERTHERM TECHNOLOGY OR RELATED SOFTWARE EMBODIED THEREIN,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION
STATED IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE
ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, BUT NOT LIMITED TO,
BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STATUTE, OR ANY
OTHER LEGAL OR EQUITABLE THEORY.