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Bradyprinter 200M-e and 200M-e 300 User’s Guide 95
6. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE and/or FIRMWARE
provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995
is provided with the commercial rights and restrictions described elsewhere herein. All
SOFTWARE and/or FIRMWARE provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
applicable.
7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE
and/or FIRMWARE, any part thereof, or any process or service that is the direct product of the
SOFTWARE and/or FIRMWARE (the foregoing collectively referred to as the "RESTRICTED
COMPONENTS"), to any country, person or entity subject to U.S. export restrictions. You
specifically agree not to export or re-export any of the RESTRICTED COMPONENTS (i) to
any country to which the U.S. has embargoed or restricted the export of goods or services,
which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea,
Sudan and Syria, or to any national of any such country, wherever located, who intends to
transmit or transport the RESTRICTED COMPONENTS back to such country; (ii) to any
person or entity who you know or have reason to know will utilize the RESTRICTED
COMPONENTS in the design, development or production of nuclear, chemical or biological
weapons; or (iii) to any person or entity who has been prohibited from participating in U.S.
export transactions by any federal agency of the U.S. government. You warrant and represent
that neither the U.S. Commerce Department, Bureau of Export Administration nor any other
U.S. federal agency has suspended, revoked or denied your export privileges.
8. DISCLAIMER OF WARRANTIES. BRADY AND ITS SUPPLIERS PROVIDE THE
SOFTWARE AND/OR FIRMWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY)
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR
A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE
OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
AND FIRMWARE IS WITH YOU. BRADY DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE OR FIRMWARE WILL BE UNINTERRUPTED OR
ERROR FREE.
9. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL BRADY OR ITS SUPPLIERS BE LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN
ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR
FIRMWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF BRADY OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF
DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.