In no event, regardless of cause, shall Kim Control Systems assume responsibility for or be liable (a) for penalties or penalty clause of any description, or (b) for indemnification of customers or others for costs, damages, or expenses each arising out of or related to the goods or services of this order or for certification unless otherwise specifically provided herein or (c) for indirect, incidental, special or consequential damages under any circumstances including any loss, injury or damages. Kim Control Systems maximum liability, including direct damages shall not exceed the amount of the purchase order. This limitation of Kim Controls Systems liability will apply regardless of the form of action, whether in contract or tort, including negligence.
Kim Control Systems will warrant their design and programming of the control systems for one (1) year from the date of shipment. Workmanship on fabricated control systems will be warranted for one (1) year from date of shipment. All Warranty work will be performed at Kim Control Systems. All purchased materials carry the manufacturer's warranty.
All software created by Kim Control Systems for use by the end-customer, becomes the property of the end-customer. Customer ownership of software excludes any software that Kim Control Systems purchased a license to use to create the solution. All license agreements will be transferred to the customer with the system documentation.
The customer must agree to comply with all terms of the licensed software provided. The customer may sell or duplicate the source code or software, provided that the proper licenses are obtained from the appropriate license agent.
The customer may modify any software provided, but such modification will release Kim Control Systems from any warranty or liability associated with the entire package, unless approved by Kim Control Systems, in writing.
Kim Control Systems maintains the right to reuse any software it develops.
System changes requested by the customer, during commissioning or after acceptance that require additional design will be charged for on an individual basis. No work will be performed or charges levied without written approval of the customer. The design will be charged at an hourly rate not to exceed $80.00 per hour, plus expenses and materials. This labor rate will be guaranteed for one (1) year ARO.
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