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1. Limited Product Warranty Destinator Technologies, warrants to the Client that the Products shall
substantially conform to Destinator Technologies’ specification for a period of one (1) year from the
date of the original purchase by the end user (the "Warranty Period"). As Destinator Technologies' sole
obligation and Client's exclusive remedy for any breach of warranty, Destinator Technologies agrees, at
its sole option, to (i) use reasonable efforts to repair the Product with new or refurbished replacement
parts; (ii) replace the Product with a new or refurbished unit; or (iii) refund the purchase price,
provided Client returns the defective Products to Destinator Technologies with proof of purchase and
Destinator Technologies’ authorization.
Destinator Technologies’ warranty hereunder does not apply in case of any damage caused by accident,
abuse, misuse, misapplication, or alteration of any kind performed by anyone other than Destinator
Technologies. The Products are not designed or licensed for use in mission-critical applications, or in
hazardous environments, requiring fail-safe controls, including without limitation operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, or life support or weapons
systems. Without limiting the generality of the foregoing, Destinator Technologies specifically disclaims
any express or implied warranty or condition of fitness for such purposes. Destinator Technologies’
warranty does not, in any event, apply to physical damage to the surface of the Product or
replacement. Destinator Technologies shall have no obligation with respect to any data stored in the
Product.
Except as expressly stated in this section, Destinator Technologies makes no warranties or includes any
conditions with respect to the products, express or implied, including, but not limited to, the implied
warranties or conditions of merchantability, fitness for a particular purpose and no infringement.
2. Liability Limitation. In no event shall Destinator Technologies, be liable to Client, (and Client hereby
waives any indirect, special, incidental, or consequential damages in connection with) the transactions
contemplated by this agreement, whether or not such damages were foreseen, or their likelihood
disclosed. Destinator Technologies shall not be liable to Client or any third party claiming through
Client, for any damages of any kind in excess of the amounts paid by Client under the terms of this
agreement with respect to the products giving rise to such damages. Some jurisdictions do not allow
the exclusion of or limitation on implied conditions, warranties or damages, thus some of the foregoing
may not apply to Client.
3. Intellectual Property Rights. Hardware and Software are proprietary to Destinator Technologies or its
suppliers and are subject to copyright and other intellectual property laws. Client's only rights with
respect to any Destinator Technologies software included with the Products shall be provided, under the
terms of Destinator Technologies’ software license. The title to all Destinator Technologies Software
remains with Destinator Technologies. Client agrees that Destinator Technologies retains ownership of
all rights, title and interest in all intellectual property, works of authorship, trade secrets and like’s in all
aspects of the Product(s). Client and its affiliates and subcontractors agree not to reverse engineer any
aspect of the Software and/or Products supplied under this agreement and further agree to pay
assessed damages should such action take place.
4. Copyright and Copies. The Software (including any copy thereof) is owned by Destinator
Technologies or its suppliers and is protected by United States, Canada, European, Brazilian and
Australian copyright and patent laws and international treaty provisions. The Software copy is licensed
to you the client, not sold to you, and you (the client) are not an owner of any copy thereof. You may
make one copy of the software for backup or archival purposes. You may not otherwise copy the
software, except as authorized by applicable law, nor the written materials accompanying the Software.
Destinator Technologies hereby reserves all rights not explicitly granted in this license agreement.
Copyright © 2006, Destinator Technologies
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