MEET THE LEADERSHIP TEAM

TERMS & CONDITION OF SALE THE FOLLOWING TERMS OF SALE APPLY OSKHOSH DIAGNOSTIC (OKDT) SOFTWARE LICENSES (HEREIN REFERRED TO AS THE PRODUCT OR SOFTWARE LICENSE).

1. UNLESS OTHERWISE AGREED, BUYER IS OBLIGATED TO MAKE PAYMENTS TO SELLER OR ITS ASSIGNEE IN FULL WITHIN THE PAYMENT TERMS OF THE INVOICE. PAYMENTS SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL CONTINUE UNMODIFIED DESPITE: (A) ANY LOSS, DAMAGE OR OTHER INTERRUPTION IN THE USE OF THE SOFTWARE LICENSES; OR (B) ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH BUYER MAY HAVE TO ASSERT AGAINST SELLER.
2. ALL SALES OF LICENSES TO THE PRODUCT ARE FINAL AND NO REFUNDS WILL BE PROVIDED IN ANY CIRCUMSTANCES.
3. BUYER SHALL BE DEEMED TO HAVE ACCEPTED SOFTWARE LICENSE UPON SELLER’S DELIVERY.
4. SELLER IS NOT RESPONSIBLE FOR PERFORMANCE OF SOFTWARE LICENSE IN CONJUNCTION WITH ANY HOST PLATFORM, OR ANY IMPACT ON EXISTING HARDWARE OR SOFTWARE.
5. SELLER SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING SOFTWARE LICENSE, OR FOR ANY FAILURE TO PERFORM ANY PROVISION HEREOF, RESULTING FROM FIRE, FLOOD OR OTHER CASUALTY, RIOT, STRIKE OR OTHER LABOR DIFFICULTY, GOVERNMENTAL LEGISLATION OR OTHER RESTRICTION, OR ANY OTHER CAUSE BEYOND SELLER’S CONTROL.
6. NEITHER THIS AGREEMENT NOR ANY RIGHTS GRANTED HEREUNDER, IN WHOLE OR IN PART SHALL BE ASSIGNABLE OR OTHERWISE TRANSFERRABLE BY YOU. NOTHING IN THIS AGREEMENT GRANTS TO YOU THE RIGHT TO ASSIGN, SELL, LEASE, LOAN OR OTHERWISE TRANSFER PRODUCT IN WHOLE OR IN PART TO A THIRD PARTY.
7. YOU AGREE TO THE CURRENT TERMS OF THE PRODUCT’S END USER LICENSE AGREEMENT, INCORPORATED HEREIN BY REFERENCE. COPIES OF THE CURRENT END USER LICENSE AGREEMENT ARE PUBLISHED TO THE OKDT (OKDT) SOFTWARE WEBSITE.
8. IN THE EVENT BUYER BREACHES THIS AGREEMENT, SELLER HAS ALL THE REMEDIES AVAILABLE TO A SELLER UNDER APPLICABLE LAW, INCLUDING REVOCATION OF THE SOFTWARE LICENSE(S), AND MAY PURSUE ANY OTHER REMEDY AVAILABLE AT LAW OR IN EQUITY. IF BUYER SHALL DEFAULT IN THE PAYMENT OF ANY SUM BY THE DUE DATE HEREUNDER TO SELLER AND SUCH DEFAULT FOR MORE THAN ONE DAY AFTER SELLER HAS DEMANDED PAYMENT THEREOF, OR BUYER SHALL FAIL OR REFUSE TO PERFORM ANY OTHER PROVISION HEREOF OR CONTRAVENE ITS OBLIGATIONS HEREUNDER, OR SHALL BE INSOLVENT OR FILE AN ASSIGNMENT OR SUFFER TO BE FILED AGAINST IT UNDER ANY BANKRUPTCY OR INSOLVENCY LAW OR MAKE AN ASSIGNMENT (VOLUNTARY OR INVOLUNTARY) FOR THE BENEFIT OF CREDITORS OR SUFFER THE APPOINTMENT OF ANY TRUSTEE OR RECEIVER FOR ALL OR ANY PART OF ITS BUSINESS OR ASSETS, THEN IN SUCH EVENT, SELLER MAY TERMINATE THIS AGREEMENT AND REVOKE ANY OR ALL SOFTWARE LICENSES WITHOUT LEGAL PROCESS. BUYER HEREBY RELIEVES SELLER FROM ALL LIABILITY FOR DAMAGES RESULTING FROM REVOCATION SHOULD LEGAL PROCEEDINGS BE INSTITUTED BY SELLER OR THIRD PARTIES TO RECOVER ANY AMOUNTS DUE HEREUNDER OR TO TAKE POSSESSION OF THE EQUIPMENT AND SOFTWARE, BUYER SHALL PAY ALL COLLECTION AND LEGAL EXPENSES (INCLUDING COURT COSTS AND REASONABLE LEGAL FEES). SELLER’S RIGHTS SHALL BE CUMULATIVE AND ACTION ON ONE RIGHT SHALL NOT BE DEEMED TO CONSTITUTE AN ELECTION OR WAIVER OF THE OTHER RIGHTS TO WHICH SELLER MAY BE ENTITLED.