Copyrighted 2008 HEMS Technology. All Rights Reserved. Copyrighted 2008 HEMS Technology. All Rights Reserved.
CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES.
THESE INCLUDE LOSS OF RECORDED DATA, INTERRUPTION OF
USE, THE COST OF RECOVERY OF LOST DATA, LOST PROFITS
AND THE COST OF THE INSTALLATION OR REMOVAL OF ANY
PRODUCTS, THE INSTALLATION OF REPLACEMENT PRODUCTS,
AND ANY INSPECTION, TESTING, OR REDESIGN CAUSED BY ANY
DEFECT OR BY THE REPAIR OR REPLACEMENT OF PRODUCTS
ARISING FROM A DEFECT IN ANY PRODUCT. THIS SECTION DOES
NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.
IN THE UNITED STATES, SOME STATES DO NOT ALLOW
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
INDEMNITY
You agree to fully defend and indemnify HEMS Technology from any and
all claims, liabilities, and costs (including reasonable attorney’s fees)
related to (1) your use of the product or (2) your violation of the terms
and conditions of this Agreement.
DISCLAIMER FOR CRITICAL APPLICATIONS
The Product is not intended or authorized for use in monitoring or
controlling life support devices and products or for other products for
which a failure of the Product could cause personal injury or death. If
you or your customers use or permit the use of the Product for such
unintended or unauthorized uses, you agree to fully indemnify HEMS
Technology and its affiliates, and the officers, employees and distributors
of each, from all liability related to such use, including attorneys’ fees and
costs arising out of, directly or indirectly, any claim of personal injury or
death associated with such unintended or unauthorized use, even if
HEMS Technology shall be allegedly negligent with respect to the design
or the manufacture of the product.
COMPLIANCE WITH LAWS
You must use the Product in accordance with all applicable laws,
regulations and statutes. You agree that neither you nor your licensees
(if any) intend to or will, directly or indirectly, export or transmit the
Product to any country in violation of export restrictions.
CHOICE OF LAW; VENUE; LIMITATIONS
You agree that the statutes and laws of the United States and the State
of Texas, USA, without regard to conflicts of laws principles, will apply to
all matters relating to this Agreement or the Product, and you agree that
any litigation will be subject to the exclusive jurisdiction of the state or
federal courts in Tarrant County, Texas, USA. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to this Agreement or the Product must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
PRODUCT LABELING
You are not authorized to use any HEMS Technology trademarks, brand
names, or logos unless specifically authorized by us.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and
HEMS Technology regarding the subject matter of this Agreement, and
supersedes all prior communications, negotiations, understandings,
agreements or representations, either written or oral, if any. This
Agreement may only be amended in written form, executed by you and
HEMS Technology.
SEVERABILITY
If any provision of this Agreement is held for any reason to be invalid or
unenforceable, then the remaining provisions of this Agreement will be
unimpaired and, unless a modification or replacement of the invalid or
unenforceable provision is further held to deprive you or HEMS