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Article 11 limitation of liability – Sony COM-2 User Manual

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COM-2.US.3-213-855-11(1)

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10.2 Specific Disclaimer of Liability for Emergency Services. Skype does not provide

Emergency Services in conjunction with the Skype Software. Neither Skype nor

its officers or employees may be held liable for any claim, damage, or loss, and You

hereby waive any and all such claims or causes of action, arising from or relating

to the use of Skype Software to contact Emergency Services personnel. You shall

defend, indemnify, and hold harmless Skype, Skype Staff and Affiliates and agents

and any other service provider who furnishes services to You in connection with

the Skype Software, from any and all claims, losses, damages, fines, penalties,

costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf

of, You relating to the absence, failure or outage of the Skype Software provided

hereunder, including specifically any claims arising out of the failure of Skype to

offer Emergency Services.

10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the

use or performance of the Skype Software remains with You, to the maximum

extent permitted by law.

10.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the

exclusions or limitations as set forth above, some of these exclusions or limitations

may not apply to You. In such event the liability will be limited as far as legally

possible under the applicable legislation.

Article 11 Limitation of Liability

11.1 No Liability. The Skype Software is being provided to You free of charge.

ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS

AFFILIATES, ITS LICENSORS AND THE SKYPE STAFF WILL HAVE NO

LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE

SKYPE SOFTWARE, AS SET FORTH BELOW.

11.2 Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES, ITS

LICENSORS OR THE SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT,

WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY

OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT

LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE

OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE

THE SKYPE SOFTWARE, EVEN IF SKYPE, ITS AFFILIATES OR THE SKYPE

STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY

PROBLEMS OR DISSATISFACTION WITH THE SKYPE SOFTWARE IS TO

DEINSTALL AND CEASE USE OF SUCH SKYPE SOFTWARE.

11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the

exclusions or limitations as set forth above, some of these exclusions or limitations

may not apply to You. In such event the liability will be limited as far as legally

possible under the applicable legislation.

Continued

Skype End User License Agreement

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