THE PRODUCT PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS REGARDING MERCHANTABILITY, SUITABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCT IS NOT INTENDED FOR DIAGNOSTIC PURPOSES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL LICENSOR, OR ANY OF ITS AFFILIATES, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE UNDER ANY THEORY, INCLUDING TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY LOSSES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR PUNITIVE OR SPECIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY OR ANY OTHER SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF LICENSOR OR ANY OF ITS AFFILIATES, REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, EXCEED THE PRICE PAID FOR THE PRODUCT.
Licensor hereby grants to Customer a limited, nontransferable, nonexclusive, royalty-free license to use the object code version of the software included in the Product ("Software"). Customer acknowledges and agrees that no one else, including, without limitation, its affiliates and/or its or its affiliates' customers shall acquire by virtue of this Agreement, the limited license rights granted to Customer herein, or by the performance by the parties of their respective obligations hereunder, any express or implied license rights to the Software. All right, title and interest in and to the Software, other than those rights expressly granted herein, shall remain in Licensor. Customer may not directly or indirectly: (i) rent, lease, sub-license, loan or transfer the Software; (ii) use or reproduce the Software in any manner except as authorized by Licensor and permitted by applicable law; (iii)alter, remove or obscure any proprietary or copyright notice on or in the Software; (iv) distribute the Software via the internet; or (v) modify, reverse engineer, decompile, disassemble, create derivative works or otherwise discover any process or technique inherent in the Software or any portion thereof, except as expressly permitted by any applicable law.
This product supplied by GE Medical Systems is not supported
under any GE Medical Systems standard support program or service.
If you have any questions about this product, please contact your
local sales representative.
GE Medical Systems may, at its sole discretion,
address issues and bugs reported, but responses are
provided "AS IS", with no warranty, as stated above, and are not
guaranteed to address the issue or bug.