Bosch ACS 661 Originalbetriebsanleitung Seite 563

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THE SOFTWARE, OR ANY SYSTEMS YOU DESIGN USING THE SOFTWARE (IF ANY). NOTHING IN THIS
AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY FREESCALE THAT
THE SOFTWARE OR ANY DERIVATIVE WORK DEVELOPED WITH OR INCORPORATING THE
SOFTWARE WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES.
INDEMNITY. You agree to fully defend and indemnify Freescale from any and all claims, liabilities, and costs
(including reasonable attorney's fees) related to (1) your use (including your sublicensee's use, if permitted) of
the Software or (2) your violation of the terms and conditions of this Agreement.
LIMITATION OF LIABILITY. IN NO EVENT WILL FREESCALE BE LIABLE, WHETHER IN CONTRACT,
TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME,
INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL
EXTENT SUCH MAY BE DISCLAIMED BY LAW.
COMPLIANCE WITH LAWS; EXPORT RESTRICTIONS. You must use the Software in accordance with all
applicable U.S. laws, regulations and statutes. You agree that neither you nor your licensees (if any) intend to
or will, directly or indirectly, export or transmit the Software to any country in violation of U.S. export
restrictions.
GOVERNMENT USE. Use of the Software and any corresponding documentation, if any, is provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-
7013 or subparagraphs (c)(l) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Freescale Semiconductor, Inc., 6501 William Cannon Drive West,
Austin, TX, 78735.
HIGH RISK ACTIVITIES. You acknowledge that the Software is not fault tolerant and is not designed,
manufactured or intended by Freescale for incorporation into products intended for use or resale in on-line
control equipment in hazardous, dangerous to life or potentially life-threatening environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines or weapons systems, in which the failure of products could lead
directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). You
specifically represent and warrant that you will not use the Software or any derivative work of the Software for
High Risk Activities.
CHOICE OF LAW; VENUE; LIMITATIONS. You agree that the statutes and laws of the United States and the
State of Texas, USA, without regard to conflicts of laws principles, will apply to all matters relating to this
Agreement or the Software, and you agree that any litigation will be subject to the exclusive jurisdiction of the
state or federal courts in Texas, USA. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to this Agreement or the Software must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
PRODUCT LABELING. You are not authorized to use any Freescale trademarks, brand names, or logos.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Freescale
regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations,
understandings, agreements or representations, either written or oral, if any. This Agreement may only be
amended in written form, executed by you and Freescale.
SEVERABILITY. If any provision of this Agreement is held for any reason to be invalid or unenforceable, then
the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the
invalid or unenforceable provision is further held to deprive you or Freescale of a material benefit, in which
case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a
provision that is valid and enforceable and that comes closest to the intention underlying the invalid or
unenforceable provision.
NO WAIVER. The waiver by Freescale of any breach of any provision of this Agreement will not operate or be
construed as a waiver of any other or a subsequent breach of the same or a different provision.
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Robert Bosch GmbH SP00D00171 2019-07-02