PAGE IV
LICENSE AGREEMENT
S
OFTWARE UPDATE SERVICE
Purchase of the CYBELEC software entitles the user, during one year, to delivery of software updates of
the "correction" type.
During the use of a revised or corrected version of the software it may occur that data (program,
parameters, etc.) is lost, or that the equipment or its connections need to be modified; these effects are not
always foreseeable and do not engage CYBELEC's responsibility.
T
ERMINATION
This agreement shall automatically terminate upon any act of bankruptcy by or against licensee, upon any
assignment for the benefit of creditors of the licensee, upon any attachment execution of judgement or
process against licensee or its assets that substantially inhibits its ability to do business, or upon
dissolution of licensee.
CYBELEC has the right to terminate this agreement immediately, should the licensee violate the
aforementioned conditions.
Within 30 days of termination of this agreement for any reason, licensee shall at his option, either:
!
return to CYBELEC or authorized dealer all existent copies of such software and related materials, or
!
furnish to CYBELEC evidence satisfactory that the original and all copies of the software, in whole
and in any form, have been destroyed.
L
IMITATION OF LIABILITY
The foregoing warranty is instead of all other warranties, expressed or implied.
Licensee further agrees that CYBELEC shall not be liable for any lost profits, lost savings, loss of use, or
other incidental or consequential damages arising from the use or inability to use the software, or for any
claim or demand against licensee by any other party.
In no event shall CYBELEC be liable for consequential damages, even if CYBELEC has been advised of
the possibility of such damages.
CYBELEC does not warrant that the functions contained in the software will meet the licensee's
requirement or that the operation of the software will be totally error free.
Should the software prove defective, the licensee (and not CYBELEC or an authorized dealer or
representative) will assume the entire cost of all necessary service, repair or correction.
CYBELEC warrants the diskettes, EPROMS or other magnetic support or cassettes on which the
programs are supplied to be free of defects in material and workmanship under normal use for a period of
90 days from the date of shipment to the licensee as evidenced by a copy of the packing slip.
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