Christie PowerTool User Manual download pdf (Page 7)

PowerTool 2.1 User Manual iii

020-100035-03 Rev. 1 (12-2010)

Exclusions and Limitation of Liability: In no event shall the Licensor be

liable for any loss of data or profits or special, incidental, indirect or

consequential damages, (including, without limitation, damages for loss of

business profits, business interruption, loss of business information, or any

other pecuniary loss) arising out of or in connection with the use of or

inability to use the Software, even if the Licensor has been advised of the

possibility of such damages. In no event will the Licensor be liable for any

damages caused by the Licensee’s failure to meet Licensee’s responsibilities,

which responsibilities include without limitation, the provision of properly

functioning and compatible hardware, operating systems, or applications

software, or arising out of incomplete or inaccurate information provided to

the Licensor. In any case, the Licensor’s entire liability under this

Agreement shall be limited to CDN$1,000.

TERMINATION AND DEFAULT

Termination: The Licensor may terminate this Agreement if the Licensee

breaches or is in default of any obligation. Should this Agreement be

terminated for any reason, the Licensee agrees to immediately cease using

the Software and to return to the Licensor all copies of the Software. The

Licensee’s obligation under this section shall survive the termination of the

Agreement.

GENERAL

Notices: Unless otherwise set forth in this Agreement, all notices, demands

or other communications to the Licensor hereunder shall be in writing

(including telecopy) and shall be deemed to have been duly given if

delivered during normal business hours by hand, Federal Express, United

Parcel Service or other reputable overnight commercial delivery service, by

telecopy, confirmation of receipt received, or by mail with return receipt

requested, addressed as follows:

Christie Digital Systems USA, Inc.

c/o

Christie Digital Systems Canada Inc.

Legal Department

809 Wellington Street North

Kitchener, Ontario

N2G 4Y7

Severability: If any provision of this Agreement is held to be invalid, such

invalidity shall not affect the other provisions of this Agreement.

Waiver: No waiver by the Licensor of any particular default or omission

committed by the Licensee shall affect or impair the right of the Licensor in

respect of any subsequent default or omission of the same or a different kind.

No delay or failure by the Licensor to exercise any rights in connection with

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