Psion Teklogix OMNii HDK XT10 User Manual Download

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Psion Teklogix Omnii HDK User Manual

Appendix C: HDK License Agreement

HIGH RISK ACTIVITIES.

Export Restrictions. You agree that you will not export or re-export the HDK, or any part or

copies thereof, or any products utilizing the HDK in violation of applicable laws or regulations of
the United States or the country in which you obtained them.
f.

Approvals. You agree that it is your responsibility to obtain any required regulatory approv-

als required for the sale of products utilizing the HDK anywhere such products are offered for sale.

C.4

HIGH RISK ACTIVITIES.

The HDK is not fault-tolerant and is not designed, manufactured or intended for use or resale as
on-line control equipment in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or communication systems, air traffic con-
trol, direct life support machines, or weapons systems, in which the failure of the HDK could lead
to death, personal injury, or severe physical or environmental damage (“High Risk Activities”).
We specifically disclaim any express or implied warranty of fitness for High Risk Activities.

C.5

DISCLAIMER OF WARRANTY

We do not warrant uninterrupted or error free operation of the HDK nor do we warrant that the
HDK will meet your requirements. THE HDK AND DOCUMENTATION ARE PROVIDED
“AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND WITHOUT ANY TECHNI-
CAL SUPPORT OF ANY KIND. WE DISCLAIM ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MER-
CHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE HDK IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, USE WITH FUTURE PSION TEKLOGIX DEVICES INTRODUCED, OR
OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE AND MODI-
FICATION OF THE HDK IS AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR
INSTALLATION AND MODIFICATION OF THE HDK ON YOUR COMPUTER.

C.6

LIMITATION OF LIABILITY

Under no circumstances are we or our third party suppliers liable for damages of third parties
claimed against you, or for harm to your records or data, or special, incidental, indirect, or conse-
quential damages, including but not limited to lost profits, lost business revenue or failure to
realize expected savings, loss of data, loss of use of the HDK or any associated equipment, down-
time and user's time, even if you informed us of their possibility, or for breach of any express or
implied warranty, breach of contract, negligence, strict liability or any other legal theory related to
the HDK. This limitation applies whether you are entitled to claim damages from us or our third
party suppliers as a matter of contract or tort.

C.7

COPYRIGHTS, OWNERSHIP AND PROPRIETARY RIGHTS

All title and copyrights in and to the HDK, and any copies thereof, are owned by Psion Teklogix
Inc. or its suppliers. The HDK also contains copyrighted material licensed from our suppliers and
all rights to such copyrighted material rests with such suppliers. We retain title to the HDK and any
copies made from it. Any copies of the HDK you made are subject to the restrictions of this
Agreement.
WE DISCLAIM ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STAT-
UTORY, FOR PATENT OR COPYRIGHT INFRINGEMENT.