Brother MW-260 User Manual
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(b) For UASoftware. User shall at its sole costs and expense provide end users any and all
support services relating to UASoftware (including any Redistributable Modules
incorporated therein). Brother shall not have any obligation to provide end users support
services relating to any UASoftware nor any Redistributable Modules incorporated
therein.
10. NO WARRANTY.
NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED STATUTORY OR
OTHERWISE AS TO CONDITION, QUALITY OR PERFORMANCE, INCLUDING BUT NOT
LIMITED TO, WARRANTIES AS TO SATISFACTORY QUALITY OR FITNESS FOR
PURPOSE OF THE SOFTWARE OR WITH RESPECT TO NON-INFRINGEMENT OF ANY
RIGHTS OF ANY THIRD PARTY ARE GIVEN OR ASSUMED BY BROTHER, AND ALL
SUCH WARRANTIES AND CONDITIONS ARE HEREBY EXPRESSLY EXCLUDED EXCEPT
TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY LAW. WITHOUT
LIMITATION TO THE GENERALITY OF THE FOREGOING, BROTHER DOES NOT
WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR THAT IT WILL OPERATE
WITHOUT INTERRUPTION OR WILL MEET USER’S REQUIREMENTS.
11. EXCLUSION AND LIMITATION OF LIABILITY.
(a)BROTHER SHALL HAVE NO LIABILITY IN CONTRACT, TORT (INCLUDING
NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY
INTERRUPTION OF USE, LOSS OF DATA, OR FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE, OR FOR ANY LOSS OF PROFIT,
REVENUE, DATA, GOODWILL OR ANTICIPATED SAVINGS, THAT ARISES UNDER, OUT
OF, OR IN CONTEMPLATION OF THIS AGREEMENT OR OTHERWISE ARISES DUE TO
ANY ERROR, INACCURACY OR DEFECT IN THE SOFTWARE, EVEN IF BROTHER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE
.
(b)User shall indemnify and hold Brother harmless from any and all claims, suits, costs and
damages (including reasonable attorneys’ fees) arising out of or in connection with
UASoftware or any use or distribution thereof.
12. Site Movement.
(If this Agreement and the Software is provided from website owned by Brother or its
affiliates,) Brother may at any time i) eliminate download website for the Software, and ii)
move, alter or eliminate the website providing this Agreement.
13. Governing Law.
This Agreement is governed by the laws of Japan, and the district court of Nagoya, Japan
shall have exclusive jurisdiction with respect to this Agreement.