Software LicenseOEM4 Family Installation and Operation User Manual Rev 12 11come 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 Agreementtogether with the rights and licences hereby granted by NovAtel. Licensee may terminate thisAgreement by providing 30 days prior written notice to NovAtel. Upon termination, for anyreasons, the Licensee shall promptly, on NovAtel's request, return to NovAtel or at the election ofNovAtel 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 computerequipment. Termination shall be without prejudice to the accrued rights of either party, includingpayments due to NovAtel. This provision shall survive termination of this Agreement howsoeverarising.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 andworkmanship. This warranty does not cover damage caused by improper use or neglect. NovAteldoes 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 thesoftware. 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 orotherwise and whether directly or indirectly or by way of indemnity contribution or otherwisehowsoever) to the Licensee and the Licensee will indemnify and hold NovAtel harmless againstall or any loss, damage, actions, costs, claims, demands and other liabilities or any kindwhatsoever (direct, consequential, special or otherwise) arising directly or indirectly out of or byreason of the use by the Licensee of the software whether the same shall arise in consequence ofany such infringement, deficiency, inaccuracy, error or other defect therein and whether or notinvolving negligence on the part of any person.8. For software UPDATES and UPGRADES, and regular customer support, contact the NovAtelGPS 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.ca or write to:NOVATEL INC.CUSTOMER SERVICE DEPT.1120 - 68 AVENUE NE,CALGARY, ALBERTA, CANADA T2E 8S59. Disclaimer of Warranty and Limitation of Liability:a. THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRAN-TIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NovAtel DISCLAIMSAND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL NovAtel's LI-ABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL OR CONSE-QUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF NovAtel HASKNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.a. NovAtel will not be liable for any loss or damage caused by delay in furnishing the soft-ware or any other performance under this Agreement.a. NovAtel's entire liability and your exclusive remedies for our liability of any kind (includ-ing liability for negligence) for the software covered by this Agreement and all other per-formance or non-performance by NovAtel under or related to this Agreement are to theremedies 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 THECOURTS OF THE PROVINCE OF ALBERTA.
