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Seller’s prior written consent. Seller may assign this contract at any time but shall not thereby be
relieved from any liability hereunder. In the event that one or more clauses of this contract are
found to be unenforceable, illegal or contrary to public policy by court of competent jurisdiction, the
remainder of this contract shall remain in full force and effect except for the unenforceable, illegal
or other provisions. This agreement is an Ontario agreement and shall be interpreted, construed
and enforced in accordance with the laws of the Province of Ontario and Federal laws applicable
therein. Teradyne license agreement will be governed by the laws of the commonwealth of
Massachusetts. Each of the parties hereto agrees that any legal or equitable action or proceeding
with respect to this agreement shall be brought only in any court of the Province of Ontario , and
each of the parties hereto submits to and accepts generally and unconditionally the jurisdiction of
these courts with respect to such party’s person and property. Each party hereby irrevocably
waives any objection to the laying of venue of any such action or proceeding in the above
described courts.
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Hardware Manufacturer warrants only to the original Buyer that under normal use, care and service,
the Equipment (except as otherwise provided herein) shall be free from defects in material and
workmanship for Two Years from the date of original invoice. Leads, probes, cables, pick-ups,
adapters and all other attachments, supplies and consumables (except as otherwise provided herein)
are also warranted for Two Years from the date of original invoice to be free from defects in material
and workmanship under normal use. Warranty does not apply to equipment, leads, probes, cables,
pick-ups, adapters, supplies and consumables, and all other attachments that fail due to negligence,
abuse, or uses other than those applications for which the product is intended. This Warranty does not
cover software, which is separately warranted.
No warranty express, implied, or otherwise, is given to any host platform(s) used in conjunction with
the Equipment. No warranty is made for loading, use, or application of any software on any host
platform used in conjunction with the Equipment. No warranty is made for any connections to a host
platform or any resulting damage that may occur to the Equipment, accessories, or host platform used
in conjunction with the Equipment. No service support coverage is provided for diagnosing
communications issues between the Equipment and any host platform.
This Warranty does not cover (and separate charges for parts, labor and related expenses shall apply
to) any damage to, malfunctioning, inoperability or improper operation of the Equipment caused by,
resulting from or attributable to (A) abuse, misuse or tampering; (B) alteration, modification or
adjustment of the Equipment by other than Hardware Manufacturer's authorized representatives; (C)
installation, repair or maintenance (other than specified operator maintenance) of the Equipment or
related equipment, attachments, peripherals or optional features by other than Hardware
Manufacturer's authorized representatives; (D) improper or negligent use, application, operation, care,