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Brother MW-260 User Manual

Page 27

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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.

This manual is related to the following products: