Bosch ACS 661 Manual Original página 555

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ACHIEVE A PARTICULAR RESULT, OR OF ANY OTHER WARRANTY OBLIGATION ON THE PART OF IAR SYSTEMS.
7.5 IAR Systems expressly disclaims any liability for any hardware or software solutions at the Licensee which may affect the performance of
the Software, including but not limited to network configurations.
7.6 The provisions of this Article 7 shall survive any expiration or termination of this Agreement.
8. INTELLECTUAL PROPERTY INFRINGEMENT
8.1 IAR Systems will in the way set out in 8.2, and subject to all limitations therein, act on any action brought against the Licensee to the
extent it is based on a claim that the Software as it exists on the date of the Invoice infringes any patent or copyright duly issued under the
laws of the country under which IAR Systems or the Licensee is organized.
8.2 IAR Systems shall, in the way set out below, as sole remedy, act on a third-party claim that the Software infringes the intellectual property
rights of such party, provided that IAR Systems is given prompt notice of such claim and is given information, reasonable assistance, and sole
authority to defend or settle the claim. IAR Systems may at its option obtain the right for the Licensee to continue using the infringing IAR
Product, replace or modify the infringing Product until it becomes non-infringing, or if such replacement or modification is not reasonably
available, terminate this license with respect to the infringing Product and provide for a reasonable refund of fees paid by the Licensee to IAR
Systems for the IAR Product so affected.
8.3 IAR Systems shall not have any liability if the alleged infringement arises out of unauthorized use of the Software, postdelivery, non-IAR
Systems modifications, or the combination with other products or devices not furnished by IAR Systems. THE OBLIGATIONS STATED IN
THIS SECTION ARE IAR SYSTEMS' SOLE LIABILITIES AND THE LICENSEE'S SOLE REMEDIES FOR INFRINGEMENT OF PATENTS AND
COPYRIGHTS. FOR THE AVOIDANCE OF DOUBT: THE LIABILITY OF IAR SYSTEMS UNDER THIS SECTION 8 MAY NEVER EXCEED THE
LICENSE FEE PAID BY THE LICENSEE.
9. FORCE MAJEURE
9.1 Either party shall be excused from fulfilment of any obligation under this Agreement only to the extent that and for so long as such
performance is prevented or delayed by an industrial dispute or any other cause beyond its reasonable control, such as, but not limited to,
riots; floods; war; warlike hostilities; fires; embargo; shortage of labor, power, fuel, means of transportation, or common lack of other
necessities. A party wishing to claim relief under this Article shall forthwith notify the other party in writing on the intervention and on the
cessation of such circumstance.
10. LIMITATION OF LIABILITY
10.1 THE USE OF THE SOFTWARE AND ALL CONSEQUENCES ARISING THEREFROM IS THE SOLE RESPONSIBILITY OF LICENSEE. IAR SYSTEMS
SHALL NOT BE LIABLE TO THE LICENSEE FOR ANY LOSS OR DAMAGE CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH
THE SOFTWARE, THE USE OF THE SOFTWARE, OR OTHERWISE.
10.2 IAR SYSTEMS' LIABILITY VIS-À-VIS THE LICENSEE UNDER THIS AGREEMENT SHALL UNDER ALL CIRCUMSTANCES BE LIMITED TO FIFTY
(50) PER CENT OF THE LICENSE FEE FOR THE SOFTWARE PAID BY THE LICENSEE HEREUNDER, PROVIDED HOWEVER THAT IF SECTION 8 IS
APPLICABLE THE TOTAL LIABILITY OF IAR SYSTEMS HEREUNDER MAY INSTEAD NEVER EXCEED 100% OF THE LICENSE FEE PAID BY THE
LICENSEE HEREUNDER FOR SUCH SOFTWARE.
10.3 IAR SYSTEMS SHALL IN NO EVENT BE LIABLE TO THE LICENSEE UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY, SUCH AS LOSS OF DATA, USE AND/OR PROFITS, BUSINESS INTERRUPTION OR
DOWNTIME COSTS AND CAPITAL COSTS OR CLAIM OF THIRD PARTY, WHETHER ON ACCOUNT OF DEFECTS, PERFORMANCES, NON-
PERFORMANCES, DELAYS, PERSONAL INJURIES, PROPERTY DAMAGES, OR OTHERWISE, REGARDLESS WHETHER IAR SYSTEMS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.4 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE LIABILITY UNDER APPLICABLE COMPULSORY LAW OF IAR SYSTEMS FOR
DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE.
10.5 The provisions of this Article 10 shall survive the cancellation or termination of this Agreement.
11. THIRD PARTY RIGHTS
11.1 The IAR Embedded Workbench for Eclipse includes Eclipse Materials. This License does not apply to such Eclipse Material and this is not
included in the term "Software" under this License. You agree to comply with all terms and conditions imposed on you in respect of such
Eclipse Materials.
11.1.1 The Eclipse Materials are licensed under the terms of the Eclipse Public License (EPL), Version 1.0, a copy of which is included in the
Eclipse Materials and also available at http://www.opensource.org/licenses/eclipse-1.0.php.
11.2 The IAR Embedded Workbench may include Third Party-Owned software. In addition to all other provisions of this License the Third
Party-Owned software shall also be subject to the supplemental terms and conditions governing such Third Party-Owned software. These
supplemental terms add to the terms of this License and shall supersede any inconsistent or conflicting terms in this License as they pertain
to the Third Party-Owned software. If the Product the Licensee receives hereunder contains Third Party-Owned software the Licensee agree
to comply with all terms and conditions imposed on you in respect of such Third Party-Owned software.
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Robert Bosch GmbH SP00D00171 2019-07-02