Viking Pump, Inc. hereby licenses you to use the accompanying software. The accompanying software is not for resale or distribution to others and the license herein granted is personal to you. You may not provide the original or any copy of this software to any person who has not expressly agreed, in writing, to the terms and conditions of the license agreement including the express disclaimers, indemnity and limitation of liability clauses hereof and you expressly agree to indemnify and hold harmless Viking Pump, Inc. for any claims which may arise, in whole, or in part, based upon any use by another of this software.
By using the accompanying software you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not use the accompanying software.
This software has been developed as a tool for use in the evaluation of the Viking Pump product line. This software does not include all of Viking Pump's engineering capability and at times, the program will instruct you to contact your Viking Pump Representative. If your Viking Pump representative is not known, please contact the appropriate Viking Pump location as follows:
DISCLAIMER OF WARRANTY
THIS VIKING PUMP SELECTOR COMPUTER PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU, THE USER, ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, OR SUITABILITY OF THIS SOFTWARE PROGRAM FOR USE IN SELECTION, PURCHASE, INSTALLATION OR USE OF ANY VIKING PUMP PRODUCT FOR ANY GENERAL OR SPECIFIC APPLICATION.
AS A USER OF THIS SOFTWARE PROGRAM, YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR THE ADEQUACY AND ACCURACY OF ANY PURCHASE OR INSTALLATION DECISIONS BASED IN WHOLE, OR IN PART, ON A USE OF THE SOFTWARE AND AGREE TO INDEMNIFY, DEFEND OR OTHERWISE HOLD VIKING PUMP, INC. AND ITS VENDORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS ARISING OUT OF THE ADEQUACY AND ACCURACY OF SUCH DECISION BASED ON SUCH USE OF THIS SOFTWARE PROGRAM FOR ITS INTENDED USE.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIKING PUMP, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PROGRAM EVEN IF VIKING PUMP, INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
© 2006 Viking Pump, Inc.