Philips HMP5000 Инструкция по эксплуатации онлайн [72/79] 25925

of the MIPS Deliverables, or any portion thereof, under this Agreement. Licensee

expressly acknowledges and agrees that any research or development performed with

respect to the MIPS Deliverables is done entirely at Licensee’s own risk.

(b) NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY

THIRD PARTY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO,

SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, EXEMPLARY OR INCIDENTAL

DAMAGES, WHETHER SUCH DAMAGES ARISE UNDER A TORT, CONTRACT

OR OTHER CLAIM, OR DAMAGES TO SYSTEMS, DATA OR SOFTWARE, EVEN IF

SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION ON LIABILITY SHALL SURVIVE EVEN IF THE LIMITED REMEDY

PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL MIPS’

LIABILITY FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS

RECEIVED BY MIPS AS FEES UNDER THIS AGREEMENT.

10. WAIVER; MODIFICATION

Any waiver of any right or default hereunder will be effective only in the instance given

and will not operate as or imply a waiver of any other or similar right or default on any

subsequent occasion. No waiver or modiﬁcation of this Agreement or of any provision

hereof will be effective unless in writing and signed by the party against whom such

waiver or modiﬁcation is sought to be enforced.

11. HAZARDOUS APPLICATIONS

The MIPS Deliverables are not intended for use in any nuclear, aviation, mass transit,

medical, or other inherently dangerous application. MIPS EXPRESSLY DISCLAIMS

ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USE. LICENSEE

REPRESENTS AND WARRANTS THAT IT WILL NOT USE THE MIPS DELIVERABLES

FOR SUCH PURPOSES.

12. SEVERABILITY

In the event any provision of this Agreement (or portion thereof) is determined to

be invalid, illegal or otherwise unenforceable, then such provision will, to the extent

permitted, not be voided but will instead be construed to give effect to its intent to the

maximum extent permissible under applicable law and the remainder of this Agreement

will remain in full force and effect according to its terms. IN THE EVENT THAT ANY

REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL

PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES

SHALL REMAIN IN EFFECT.

13. RIGHTS IN DATA

Licensee acknowledges that all software and software related items licensed by MIPS

to Licensee pursuant to this Agreement are “Commercial Computer Software” or

“Commercial Computer Software Documentation” as deﬁned in FAR 12.212 for civilian

agencies and DFARS 227.7202 for military agencies, and that in the event that Licensee

is permitted under this Agreement to provide such items to the U.S. government, such

items shall be provided under terms at least as restrictive as the terms of this Agreement.

14. MISCELLANEOUS

(a) The MIPS Deliverables and GPL Materials may be subject to U.S. export or import

control laws and export or import regulations of other countries. Licensee agrees