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12 EuroPak-15a Receiver User Manual Rev 5
Software License
(otherwise as a solvent company for the purpose of and followed by an amalgamation or reconstruction
hereunder its successor shall be bound by its obligations hereunder) commence to be wound up; or iii) be
acquired or otherwise come under the direct or indirect control of a person or persons other than those
controlling it, then and in any event NovAtel may forthwith by notice in writing terminate this Agreement
together with the rights and licences hereby granted by NovAtel. Licensee may terminate this Agreement
by providing 30 days prior written notice to NovAtel. Upon termination, for any reasons, the Licensee shall
promptly, on NovAtel's request, return to NovAtel or at the election of NovAtel destroy all copies of any
documents and extracts comprising or containing the software. The Licensee shall also erase any copies of
the software residing on Licensee's computer equipment. Termination shall be without prejudice to the
accrued rights of either party, including payments due to NovAtel. This provision shall survive termination
of this Agreement howsoever arising.
6. Warranty: For 90 days from the date of shipment, NovAtel warrants that the media (for example, compact
disk) on which the software is contained will be free from defects in materials and workmanship. This
warranty does not cover damage caused by improper use or neglect. NovAtel does not warrant the contents
of the software or that it will be error free. The software is furnished "AS IS" and without warranty as to the
performance or results you may obtain by using the software. The entire risk as to the results and
performance of the software is assumed by you.
7. Indemnification: NovAtel shall be under no obligation or liability of any kind (in contract, tort or otherwise
and whether directly or indirectly or by way of indemnity contribution or otherwise howsoever) to the
Licensee and the Licensee will indemnify and hold NovAtel harmless against all or any loss, damage,
actions, costs, claims, demands and other liabilities or any kind whatsoever (direct, consequential, special
or otherwise) arising directly or indirectly out of or by reason of the use by the Licensee of the software
whether the same shall arise in consequence of any such infringement, deficiency, inaccuracy, error or
other defect therein and whether or not involving negligence on the part of any person.
8. For software UPDATES and UPGRADES, and regular customer support, contact the NovAtel GPS Hotline
at 1-800-NOVATEL (U.S. or Canada only), or 403-295-4900, or fax 403-295-4901, e-mail to
support@novatel.ca, visit our website http://www.novatel.com or write to:
NOVATEL INC.
CUSTOMER SERVICE DEPT.
1120 - 68 AVENUE NE,
CALGARY, ALBERTA, CANADA T2E 8S5
9. Disclaimer of Warranty and Limitation of Liability:
a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. NovAtel DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES.
IN NO EVENT WILL NovAtel's LIABILITY OF ANY KIND INCLUDE ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF
NovAtel HAS KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
b. NovAtel will not be liable for any loss or damage caused by delay in furnishing the software or any other
performance under this Agreement.
c. NovAtel's entire liability and your exclusive remedies for our liability of any kind (including liability
for negligence) for the software covered by this Agreement and all other performance or non-perfor-
mance by NovAtel under or related to this Agreement are to the remedies specified by this Agreement.
This Agreement is governed by the laws of the Province of Alberta, Canada. Each of the parties
hereto irrevocably attorns to the jurisdiction of the courts of the Province of Alberta.