License Agreement for Smart City Object Models

IMPORTANT INFORMATION

THE OBJECT MODEL IS LICENSED, NOT SOLD. USE OF THIS OBJECT MODEL IS SUBJECT TO LICENSE RESTRICTIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE SUBSCRIBING and USING THE OBJECT MODEL. INSTALLING, RUNNING and USING OF OBJECT MODEL INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT SERVICE SUBSCRIPTION TERMS AND CONDITIONS SHALL NOT APPLY.

LICENSE AGREEMENT ("Agreement or LA")

12.08.2017

This is a legal agreement concerning the use of Object Models developed with PharosN software between you, representing the Organization acquiring the license (“Organization”), and company GOLEM IMS GMBH, Hausfeldstrasse 22/1/7, Donaustadt 1220, Vienna, Austria further referred as “Provider”.

The Object Model becomes available to you after you or some other Member of your Organization makes subscription to services provided at PharosN portal located at domain  pharosnavigator.com or win2biz.com (both having the same content) which are run by Provider and you agree to the Terms of Services provided at PharosN portal to subscribers of the Software and Terms of this License Agreement (LA) on behalf of the Organization and obtains the Object Model and installs it in the Organization providing its users with access to the Object Model applications.

You should read and accept the Agreement prior to using the Object Model as an employee or subcontractor or consultant, the legal entity that employs or contracts you is the “Organization” and its use means the acceptance of this EULA. Your employer may have already accepted a version of the terms and conditions in this a License Agreement by authorizing the Supervisor to register the Organization at Portal and subscribe for the Object Model and have it installed and running in the Organization. In all other circumstances, you are binding your employer and yourself personally as an employee, to this LA by using the Object Model. This Agreement and the applicable quotation contain the parties' entire understanding relating to the subject matter and supersede all prior or contemporaneous agreements.

If you are using the Object Model as a private person having no legal entity that employs you then your “Organization” is you individually acting within a group of Portal Members of the Organization managed by its Supervisor and by using the Object Model you agree and accept this License Agreement.

The terms also apply to any related services such as Provider updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items.

IF YOU DO NOT, OR THE ORGANIZATION DOES NOT, AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING OF OBJECT MODEL AND CERTIFY DESTRUCTION OF OBJECT MODEL AND ALL ACCOMPANYING ITEMS AND CANCEL ALL ITS RELEVANT SUBSCRIPTIONS AT PORTAL CENTRAL.

Terminology:

-  Administrator of Business Applications (ABA) is a user of the PharosN software engine instance who is responsible for its running, including adding or removing users, defining their rights, approving application objects, monitoring the service implementation, etc.  Members of ABA Group have special administrative privileges as engine users and could include Portal Supervisors managing this Organization. In case such Supervisor stopped managing the Organization, Members of ABA group become first candidates for automatic Supervisor replacement.

-  Assigning a License means simply to designate that license to one computer hardware device where the Object Model instance is installed and running.

-  Backup is encrypted file containing database with all application objects running at engine software instance

-  Client software is a part of overall PharosN software system running on user device having own hardware and operating software and communicating to engine by transferring user comments and receiving data

-  Component Software Licenses (CSL) are licenses for component subscriptions which specify additional license agreement terms and conditions related to each such component; such component provide additional application functionalities after integrating with Object Models

-  Member of Portal Organization is and individual who was invited to join it by Supervisor. Member can be employee of real organization or its associate, consultant, developer or some stakeholder, e.g. investor or auditor.

-   Object model is a set of big database definitions integrated into some hierarchical structure presenting the abstract description of some cyber-physical system existing in real world in which every object can have sub-objects. The model is developed by PharosN model builder tools integrated in Power Client and used for digital transformation of multiple data streams into various information services and controls.

-  Organization (real life) is legal entity presented by an individual, or business, or other organization that has the legal capability of entering into a contract with another entity.  

-  Object Model Instance is the copy of some object model installed on target Pharos engine automatically after relevant subscription at PharosN portal.  

-  PharosN portal is web site providing its Members and their VOrgs with information services and instruments for managing their subscription services and continuously interacting with PharosN engines providing its upgrading, error collection, verification and license control

-   Prime Object Model is an Object Model that is made available at PharosN portal for subscriptions by its Members.

-  Running Object Model instance is realized by loading its data into memory of the computing device and executing its instructions. An instance is considered to be running (whether or not its instructions continue to execute) until it is removed from memory of the device.

-   Secondary or Derivative Object Model is an Object Model that is made by users of PharosN engine as derivative from the Prime Object Model. Secondary model can have copyrights by the VOrg that developed it under condition of acknowledging the copyrights for the Prime model.  

-  Service subscription is made by registered Members of Portal Organization prior to its implementation in the Organization

-  Software services in the context of the License Agreement are PharosN Software which is licensed to you as services provided during the period of subscription. Logical analogue is renting a car from a company which owns and maintains it. 

-  Users of PharosN engine are persons who were authorized to use engine as Software Instance by its ABA. Users may or may not necessary be Members of Portal.   

-  VOrg or Virtual Organization) is a group of Portal Members who made them associated with some (1) Organization as legal entity or (2) group of collaborating individuals having no association to legal entity. PharosN portal services are available to VOrgs only.

1.OWNERSHIP; GRANT OF LICENSE.

1.1.   THE OBJECT MODEL IS LICENSED, NOT SOLD. USE OF THIS OBJECT MODEL IS SUBJECT TO LICENSE RESTRICTIONS. INSTALLING, RUNNING and USING OF OBJECT MODEL INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. ANY ADDITIONAL OR DIFFERENT SERVICE SUBSCRIPTION TERMS AND CONDITIONS SHALL NOT APPLY.

1.2.   The licensed copy of the Prime Object Model is received as result of subscription for service at PharosN portal having domain names pharosnavigator.com or win2biz.com  (both having same content), downloaded and installed in Organization locally under this Agreement and includes any upgrades, updates, modifications, revisions, copies, and documentation (“Object Model”). The licensed Prime Object Model is copyrighted and can have trade secret and confidential information of Provider or its licensors, who maintain exclusive title to all Object Model and retain all rights not expressly granted by this Agreement. Provider grants to Organization, subject to Organization’s compliance with the terms and conditions of this Agreement, a non-transferable, non-exclusive license to use Object Model solely:  (a) in machine-readable, object or executable code form; and (b) for Organization’s business and educational purposes; and (c) with regular connectivity to PharosN portal as part of the larger service providing system.

1.3.   While the Prime Object Model is licensed to Organization as service during its subscription period i.e. not owned by customer Organization, it can be copied locally within PharosN engine domain and used for developing own applications in the Organization. After the modification of the original Prime Object Model as source prototype, the Organisation that developed the derivative model obtains its copyrights and can use it either for internal business applications or as commercial service for its customers. In both cases the Organization and its representatives shall recognize and acknowledge copyrights for the original Prime Object Model by its authors.

1.4. Provider acknowledges copyrights of the organizations developed Original or Derivative Object Models and supports relevant commercial use by providing facilities for the reselling of the secondary object models as derivative work on the royalty basis.

1.5. The object models running on the PharosN engine are controlled by its ABA and are stored as applications in the engine database and archived as the unique engine backups related to particular engine subscription and Organization where it is installed.

1.6. Provider does not access nor modify object models developed by the Organization. The Organization has full responsibility for its model implementation, running, backup and maintenance.

2.CONDITIONS.

2.1. Organization may run and use each Object Model instance only while having its corresponding valid service subscriptions for the PharosN engine and object model made at PharosN portal. The object model license is ends after the end of subscription period for the Object Model or the PharosN engine where it runs.

2.2. Organization may not use the Object Model for any purpose other than for use on its computers and networks, as specified in the Service subscription. Organization may not loan, rent, lease, distribute, or otherwise transfer the Prime Object Model without Provider’s prior written consent, except as part of a permanent transfer of the Object Model as permitted by this Agreement.

2.3. Organization may not run Prime Object Model as commercial information service by selling or reselling information obtained by using the Object Model functionality for profits unless specifies in separate agreement with Provider. The Object Model license is valid only to internal business applications at enterprise under condition of non-commercial sharing of information obtained as result by Object Model applications to third parties including business customers, suppliers, etc.

2.4.  Any sharing or selling of information obtained as result by Object Model applications on commercial basis is violation of Terms of this Agreement and shall subject to separate License Agreement. Registered Public Administrations are free from these limitations and may run their commercial services for citizens and share its information.

2.5. Under no circumstances shall Organization use Object Model or allow its use for the purpose of developing, enhancing or marketing any product that is in any way competitive with Object Model, or disclose to any third party the results of or information pertaining to any benchmark. Except as otherwise permitted for purposes of interoperability as specified by applicable and mandatory local law, Organization shall not reverse-assemble, reverse-compile, reverse-engineer or in any way derive any source code from Object Model.

2.6.  Organization may not sublicense, assign or otherwise transfer Prime Object Models, this Agreement or the rights under it, whether by operation of law or otherwise (“attempted transfer”), without Provider’s prior consent and payment of Provider’s then-current applicable transfer charges. Any attempted transfer without Provider’s prior written consent shall be a material breach of this Agreement and may, at Provider’s option, result in the immediate termination of this Agreement and licenses granted under this Agreement. The terms of this Agreement, including without limitation the licensing and assignment provisions, shall be binding upon Organization’s permitted successors in interest and assigns.

2.7. Organization may move and copy its Secondary Object Model instances from one engine hardware (i.e. authorized hardware) to another e.g. in case of hardware upgrade or repair or location change without charge provided that such move was approved by master or Supervisor of the VOrg at PharosN portal. In no circumstance shall a transfer under this section authorize the Organization to increase the number of computer hardware that runs any of the Prime Object Models received under valid subscriptions.

2.8. The Masters and Supervisors of the VOrg are responsible for Prime Object Models implementation as subscriptions for Services, its timely extension for uninterruptable access of users to the Object Model functionality and ensuring the ownership rights for application data.

2.9. The original Prime Object Model license is valid only during the subscription period and expires the next day after its end.

3.USE RIGHTS.

Before you run object model instances of the engine software on engine hardware, you must obtain valid subscription for engine software for your organization registered at PharosN portal by you or your  representative acting as Supervisor if the Portal Organization and accept this software license.

Running Object Model Instances.

  • Each Prime Object Model instance which you run shall have valid subscription at PharosN portal and has relevant unique subscription license key
  • Each Prime Object Model instance shall run on PharosN engine software accordingly to its subscription terms and this EULA
  • You may run any number of Object Model instances subscribed as services to your VOrg by its members at PharosN portal on relevant PharosN engines.
  • You may use additional Object Model components only with the PharosN engine software. For a list of additional software go to http://pharosnavigator.com
  • Unless the Prime Object Model has valid license, you have no right to use the original Prime Object Model.

Component Software Licenses (CSL)

  • You must acquire and assign the appropriate CSL to each component that is integrated with the object model and runs on engine software instance as additional subscription
  • You may use Power Client CSL developing and modification of Object Model instances
  • Provider may provide additional functionality for the Object Models applicable to other license terms and fees.

Icons, images and sounds. You may use but not share the icons, images, sounds, and media provided with the original Prime Object Model for your non-commercial internal use in your organization and learning purposes only. In case you may need to provide non-commercial on-line third party or public access to your objects which are developed by using original object models by Provider you shall replace all its images, pictures and icons with your own relevant materials unless obtaining Provider or its licensors permissions.

No Separation of Object Models from Engine Software. You may not separate the Object Models from your PharosN engine software unless expressly permitted.

Use of third party software components and technologies.

Some open source components and data storage technologies to store your Application Database may be used in Object Models having licenses from third parties. To the extent applicable, we will identify such open source components included in Object Models. Some of these licenses require us to provide the open source software to you on the terms of the open source license instead of the terms of the Agreement. In that case, the terms of the open source license will apply, and you will have the rights granted in such licenses to the open source software itself, such as access to source code, right to make modifications, and right to reverse engineer. Notwithstanding the foregoing, if you are using the Object Models in the form provided to you, in accordance with your permitted Scope of Use, with no distribution of software to third parties, then none of these open source licenses impose any obligations on you beyond what is stated in the Agreement.

Activation and reactivation. Object Model instance unique identification is made after each Object Model installation including reinstallation after engine hardware repair or migration to another engine hardware or re-initialization after long period inactivity. The identification associates the use of the Object Model instance with a specific VOrg, its Masters and Supervisors and hardware device and is mandatory.

Use of Information. Provider may use the computer information and update and software diagnostic reports to improve the Software and Services.

4.UPGRADE, DIAGNOSTICS AND VALIDATION.

  • The Object Model instance, which is leased to you, is maintained, serviced and updated from time to time during its periodic communications to PharosN portal by downloading and installing the updates. The Object Model may initiate running system diagnostics to identify optional errors if occurred and sends it to PharosN portal for Provider technical analysis and fixing in the following updates.
  • When implementing your own Object Model as derivative one using some Prime Object Model you shall make and use the copy the original Prime Object Model you subscribed to in order to avoid its occasional replacement by upgraded Prime Object Model after some system update
  • You may obtain updates or upgrades for the original Object Model subscribed only from PharosN portal by Provider and in the automatic mode
  • Your data content introduced into your Secondary derivative Object Model by modifying the original Prime Object Model is always kept at your engine database and never transferred to Provider unless specified in additional agreements for special types of services (application testing, specific value added support services, etc).
  • License and support are valid for current official version only. You agree that you may use only the latest supported version of the Prime Original Object Model with the Terms of this License Agreement. It means that after release of each Original Prime Object Model update or upgrades the support for all previous versions ends and new version replaces previous version of the Original Object Model and shall be installed automatically using secure communication protocols between Engine Software and PharosN portal within version update interval. After the end of update interval the License Agreement for any previous version becomes void and you shall cease and erase previous version of the Original Prime Object Model.

5.Security and protection of applications and data ownership

Your application objects security and protection and copyrights are realized by several methods and techniques including as follows:

- Making regular PharosN engine backup which contains complete database of all your application object models compressed and encrypted by the most secure methods currently available.  

- Generating unique secure passwords for each backup automatically as function of multifactor attributes related to your organization, service subscription, location, etc. The password is unknown to all sides including local engine ABA, users, Provider and Portal Administration which makes almost impossible to access the backup content.

- The backup service runs automatically by the software each day during minimum engine load time prior to update check (default); The resulting encrypted file can be stored at some device which is defined by engine ABA e.g. local storage attached to engine or storage device in local enterprise network or Internet cloud storage service. Provider does not have access to the engine backup file and does not provide its storage support.

- Communications between PharosN engine and PharosN portal are initiated by engine using only secure protocols protecting data content

- Communications between PharosN engine and its clients are allowed only the registered users and their devices using only secure protocols protecting data content

-  Communications between engine and third parties are allowed based on definitions of “Trusted partners” which are made by ABA while all other connections are blocked

- PharosN engine software configuration blocks access to underlying Linux operating system at system level (running with disabled root password and authentication for SSH and locked down user accounts with no root privileges)

- Each engine software and object model instance installation has unique identifier

You are responsible for additional security measures ensuring protection of your engine and application database described in License Agreement for PharosN Engine.

6.SCOPE OF LICENSE.

The Object Model is licensed, not sold. This agreement only gives you some rights to run the Object Model copy at your PharosN engine and have multiple users of your organization accessing this copy of Object Model as service. Provider reserves all other rights including optional sub-licensing of your object models under royalty agreements. Unless applicable law gives you more rights despite this limitation, you may use the Object Model only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Object Model that allow you to use it only in certain ways.

You may not

- work around any technical limitations in the Object Model;

- reverse engineer, decompile or disassemble the Object Model, except and only to the extent that applicable law expressly permits, despite this limitation;

- use the Object Model’s files and components within another operating systems or applications outside of PharosN ecosystem;

- make more copies of the Prime Object Model than specified in this agreement or allowed by applicable law, despite this limitation;

- publish the Object Model for others to copy;

- rent, lease or lend the Object Model outside of the EULA;

Rights to access the Object Models on any device do not give you any right to implement Provider Intellectual Property or patents in other software.

Documentation. Any person that has valid user account and access to your Object Model instance running on relevant PharosN engine having valid subscription, may copy and use the Object Model documentation which made available to its users for internal, reference purposes.

EDUCATIONAL or ACADEMIC or COMMUNITY OBJECT MODEL LICENSE. You must be a “Qualified Educational Organization” to obtain and use Object Model for educational purposes and apply for the status by at PharosN portal. If you do not know whether you are a Qualified Educational User, request clarifications by using Contact form at PharosN portal.

TRANSFER TO A THIRD PARTY. The Object Model license may be transferred directly to another organization in case of organizations merging. Before the transfer, Masters of such Organizations must agree that this Agreement applies to the transfer and use of the Object Model by using their personal accounts at PharosN portal. The organization merging is implemented as service to Master Supervisors at PharosN portal subject to additional costs.

EXPORT RESTRICTIONS. The Object Model is subject to export laws and regulations imposed by European Union.  You must comply with all export laws and regulations that apply to the Object Model. These laws include restrictions on destinations, end users and end use.

SUPPORT SERVICES. Provider may provide additional services assisting in development of the Object Models and its applications and support some projects.

APPLICABLE LAW. If you subscribed for the Object Model in country of European Union, its laws govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles. If you subscribed for the Object Model in any other country, the laws of that country apply. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

LIMITATION ON PERFORMANCE. The performance of the Object Model depends on its complexity and structure and may be limited by the hardware which is used for its running as well as the number of user clients which has concurrent active sessions. The PharosN engine ABAs are responsible for monitoring the engine load and planning engine hardware upgrades in case of decreasing performance. 

7.Warranty and Disclaimer.

Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you represent legal entity, this Agreement and each Subscription is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement. 

The limited warranty covers the Object Model and its updates for corresponding subscription period. Warranties and disclaimers except as expressly provided otherwise in written agreement between you and the Provider. To the extent permitted by law, any implied warranties, guarantees or conditions last only during the term of the limited warranty.

WARRANTY DISCLAIMER. ALL PRODUCTS ARE PROVIDED “AS IS”. You bear the risk of using it.  PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROVIDER NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY ENGINE(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.DISCLAIMER OF OTHER WARRANTIES. 

No oral or written statement, information or advice given by Provider, its Affiliates, or their respective employees, partners, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section.

Limitation of Liability

With respect to defects or deficiencies in the Provider Services, the liability of Provider and Provider Affiliates will be limited to performance of its responsibilities under Section “Warranties”.

With respect to other breaches of contract, the liability of Provider and Provider Affiliates shall be limited to your actual damages with respect to the computer affected by the breach, and in no event will such liability exceed the total amount received by Provider from you under the Agreement as service fee for your current Subscription Period.

IN NO EVENT WILL PROVIDER, THE PROVIDER CONTRACTORS, PROVIDER PARTNERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE ARISING OUT OF THE USE OR INABILITY TO USE THE PROVIDER SERVICES OR TO USE OR RETRIEVE ANY SERVICE OR ITS BACKUP DATA, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE 1 EURO. THIS SECTION (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION “RESTRICTIONS” OR SECTION “COMBINING THE PRODUCTS WITH OPEN SOURCE SOFTWARE OF THIRD PARTY CODE IN PROVIDER PRODUCTS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in this Section “Limitation of Liability” will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

IN ADDITION, YOU UNDERSTAND THAT THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR REAL-TIME OR BE USED AS CRITICAL COMPONENTS IN LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, OR ANY OTHER MISSION CRITICAL APPLICATION THAT INVOKES THE POTENTIAL RISKS OF DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). ANY USE OF THE SERVICES WITH RESPECT TO SUCH CRITICAL APPLICATIONS IS FULLY AT YOUR OWN RISK, IN PARTICULAR, WITH RESPECT TO AUTOMOTIVE, ROBOTICS, AEROSPACE / DEFENSE, AVIONICS, MEDICAL DEVICES OR PRODUCTS, HEALTHCARE APPLICATIONS, SUBJECT TO APPLICABLE LAWS AND REGULATIONS GOVERNING LIMITATIONS ON PRODUCT LIABILITY.

Neither Provider nor any Provider Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the Provider Services. The limitations of damages set forth above are fundamental elements of the bargain between Provider and you. Provider would not be able to provide the Provider Services to you without such limitations.

No advice or information, whether oral or written, obtained by you from the Provider or through or from the site shall create any warranty not expressly stated in the terms of use.
If you installed and use a version of the Object Model which was obtained after valid subscription for Service at PharosN portal by VOrg managed by its Masters and Supervisors then the license terms described below apply to you. If you comply with these license terms, you have the rights below for each Object Model license you acquire.

EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Provider’s reasonable control.

REMEDY FOR BREACH OF WARRANTY. Provider will repair or replace the software at no charge. If Provider cannot repair or replace it, Provider will refund the amount which was paid for the subscription for the software service to the Portal Member who paid it. You must cancel subscription for the software and uninstall it. These are your only remedies for breach of the limited warranty.

NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Provider. Provider gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Provider excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.