Honeywell CN75 User Manual page 190

75 series mobile computer with windows embedded handheld
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3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and
all associated intellectual property rights is retained by Sun and/or its licensors.
Unless enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. You acknowledge that Licensed Software
is not designed or intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express
or implied warranty of fitness for such uses. No right, title or interest in or to any
trademark, service mark, logo or trade name of Sun or its licensors is granted under
this Agreement. Additional restrictions for developers and/or publishers licenses
are set forth in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days
from the date of purchase, as evidenced by a copy of the receipt, the media on
which Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is provided "AS
IS". Your exclusive remedy and Sun's entire liability under this limited warranty will
be at Sun's option to replace Software media or refund the fee paid for Software.
Any implied warranties on the Software are limited to 90 days. Some states do not
allow limitations on duration of an implied warranty, so the above may not apply to
you. This limited warranty gives you specific legal rights. You may have others,
which vary from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO
THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the amount paid by you for Software
under this Agreement. The foregoing limitations will apply even if the above stated
warranty fails of its essential purpose. Some states do not allow the exclusion of
incidental or consequential damages, so some of the terms above may not be
applicable to you.
7. SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or
consent optional features of the Software may download, install, and execute
applets, applications, software extensions, and updated versions of the Software
from Sun ("Software Updates"), which may require you to accept updated terms
178
75 Series Mobile Computer User Guide

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