Orange County NC Website
Browse       Search
3. the amount of any other actual loss or damage, up to the greater of $100,000 or the <br />charges (if recurring, 12 months' charges apply) for the Product or Service that is the <br />subject of the claim. g developers. It is the <br />This limit also applies to any of our subcontractors and Program develop <br />maximum for which we are collectively responsible. <br />Items for Which We are Not Liable <br />Under no circumstances are we liable for any of the following: <br />1. third -party claims against you for losses or damages (other than those under the first two <br />items listed above); <br />2. loss of, or damage to, your records or data; or <br />3. economic consequential damages (including lost profits or savings) or incidental <br />damages, even if we are informed of their possibility. <br />1.11 Mutual Responsibilities <br />Both of us agree that under this Agreement: <br />1. neither of us will use the other's trademark, trade name, or other designation in any <br />promotion or publication without prior written consent; <br />2. all information exchanged is nonconfidential. If either of us requires the exchange of <br />confidential information, it will be made under a signed confidentiality agreement; <br />3, each is free to enter into similar agreements with others; <br />4. each grants the other only the licenses specified. No other licenses (including licenses <br />under patents) are granted; <br />5. each will allow the other reasonable opportunity to comply before it claims that the other <br />has not met its obligations; and <br />6. neither of us will bring a legal action more than two years after the cause of action arose. <br />,1.12 Your Other Responsibilities <br />You agree: <br />1. not to assign this Agreement or your rights under it, delegate your obligations, or resell <br />any Service without prior written consent. Any attempt to do so is void; <br />2. to acquire Machines with the intent to use them within your Enterprise and t for <br />reselling, leasing, or transferring to a third party, unless either of the following applies <br />a. you are arranging lease -back financing for the Machines, or <br />b. you purchase them Iwithout any discount or allowance, and do not remarket them in <br />competition with our authorized remarketers; <br />3. to allow us to install mandatory engineering changes (such as those required for safety) <br />on a Machine. Any parts we remove become our property; <br />4. that you ar: responsible for the results obtained from the Products and Services; <br />5. to comply with all applicable government export laws and regulations; and <br />6. to provide us with full, free, and safe access to your facilities for us to fulfill cur <br />obligations. If you become aware of any unsafe conditions or hazardous materials to <br />which our personnel would be exposed at any of your facilities, you agree to prom•itly <br />notify us. <br />2125 -4575 -00 1/91 Page 8 of 23 <br />