Load Range Systems T74USB User Manual - page 10
Limitation of Remedies. In the event of any breach of any express warranty made herein, LRS may at
its option repair or replace any defective Deliverable or refund the money that Purchaser paid for it. LRS’s total
liability for any defect in any Deliverable or for any other breach of any of its duties and obligations to Pur-
chaser shall be limited to the amount of money that was paid for the defective Deliverable or the other duty
or obligation. LRS will in no event be liable for any lost profit or any other type of consequential damage.
Confidentiality. The Deliverables and all computer systems that deliver any portion of them contain con-
fidential trade secret information. Purchaser shall not attempt to reverse engineer any portion of the Deliv-
erables or such computer systems, such as to decompile any portion of the Software, nor aid anyone else in
doing so.
Intellectual Property. No portion of any intellectual property right in the Deliverables is being trans-
ferred to the Purchaser or to its customers. Purchaser may not copy or modify any portion of the Deliverables,
nor permit or aid anyone else in doing so. Notwithstanding, Purchaser may use the Deliverables as they are
intended to be used, as expressed in written materials published by LRS.
Operational Authority and Licensing Requirements. Non-Federal government Purchasers may
operate the Deliverables within the United States under the licensing authority issued to LRS by the Federal
Communications Commission (FCC), provided, however, that such operation is: (a) subject to LRS’s control,
(b) conducted on a non-profit, cost shared basis with costs apportioned as part of the price for such Deliv-
erable, (c) in accordance method of operation set forth in the manual for the deliverable, available for down-
load at http://lrsus.com/support and (d) limited to the term of this Agreement, the term of LRS’s authority,
or a term otherwise specified by LRS, whichever expires earlier. Notwithstanding the provision below enti-
tled “No Third Party Beneficiary,” users of any Deliverables acquired from Purchasers or other entities may
contact LRS to determine if they may be eligible to operate under LRS’s authority. Alternatively, Purchasers
and users may obtain their own licensing authority; the FCC posts a list of licensing coordinators at http://wire-
less.fcc.gov/services/index.htm?job=licensing_3&id=industrial_business. Purchasers and eligible users of
any Deliverable agree to abide by and strictly adhere to any rules, regulations and guidelines, including the
FCC’s rules, governing the operation of the Deliverable. Changes or modifications to any portion of any De-
liverable may void the Purchaser’s or user’s authority to operate the Deliverable and should not be made
without the express approval of LRS. Moreover, use of any portion of any Deliverable outside the United
States is subject to the rules and regulations of other countries and may be prohibited. Use of any Deliver-
able constitutes Purchaser’s and user’s acceptance of and agreement to these General Terms and Conditions,
including any revisions to these General Terms and Conditions that may be required to reflect changes in the
regulatory or other obligations imposed upon LRS.
Governing Law and Venue. These General Terms and Conditions and any agreement relating to them
shall be construed in accordance with and governed by the laws of the State of Texas (without regard to its
conflicts of laws). Any dispute relating to these General Terms and Conditions and any agreement relating
to them may only be heard and resolved by a court in Dallas County in the State of Texas. Purchaser consents
to the personal jurisdiction of such courts over it. If any action at law or in equity is necessary to enforce or
interpret any of the rights or obligations of the parties to these General Terms and Conditions, the prevail-
ing party shall be entitled to reasonable attorneys’ fees, costs, and necessary disbursements, in addition to
any other relief to which it may be entitled.
No Assignment or Transfer. The rights and benefits provided under these General Terms and Con-
ditions, as well as under any agreement that incorporates them, shall not be assigned without the express
written permission of LRS. Similarly, the Deliverables may not be transferred to any other person, without
the express written permission of LRS. Notwithstanding, Purchaser may temporarily loan its customers pag-
ing receivers. Purchaser may also transfer the Deliverables, as well as the rights and benefits under these Gen-
eral Terms and Conditions and any agreement that incorporates them, as an ancillary part of a sale of its
business or substantially all of its assets. Following any assignment or transfer, Purchaser shall remain bound
by all of the duties and obligations that are set forth in these General Terms and Conditions and any agree-
Long Range Systems
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T74USB User Manual