Limitation of liability, Restricted rights – Clear-Com Eclipse-Omega User Manual
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Clear-Com
End User Software License
i i i
us at the address below and we will replace it free. This remedy
is your exclusive remedy for breach of this warranty.
b. After the initial 90 days, THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,
ACCURACY, RELIABILITY, OR NON-INFRINGEMENT OF
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. This
constitutes an essential part of this License.
7. LIMITATION OF LIABILITY:
a. For the avoidance of doubt, all conditions imposed by law
covering matters such as fitness for purpose, compliance to
description, negligence and quality are expressly excluded from
this agreement and you agree to accept the foregoing warranty
in lieu of all such items.
b. IN NO EVENT SHALL CLEAR-COM BE LIABLE FOR ANY
LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA
OR USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND,
WHETHER BASED ON CONTRACT, TORT (INCLUDING
WITHOUT LIMITATION, NEGLIGENCE), WARRANTY,
GUARANTEE OR ANY OTHER LEGAL OR EQUITABLE
GROUNDS, EVEN IF CLEAR-COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
c. The warranty is personal to you (or end user if you have made it
clear that you are not the end user) and may not be transferred
(except as permitted expressly above).
d. Clear-Com shall not be a liable for failure to perform any
obligation to you where such failure is due to circumstances
beyond Clear-Com’s reasonable control.
e. Clear-Com offers extended warranties and, if you are not
satisfied with the above, you should consider such
warranties or consider separate insurance.
8. RESTRICTED RIGHTS:
If this Software is acquired by or for the U.S. Government then it is pro-
vided with Restricted Rights. Use, duplication, or disclosure by the U.S.
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)(1) and (2) of the Com-
mercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or
clause 18-52.227-86(d) of the NASA Supplement to the FAR, as appli-
cable. Contractor/manufacturer: HME Clear-Com Limited, 7400 Beach
Drive, Cambridge, England CB25 9TP or Clear-Com LLC., 850 Marina
Village Parkway, Alameda, CA 94501.