Sensaphone IMS-4000 Users manual - Manual (Page 138)

IMS-4000 Manual
136
NO WARRANTY—LIMITATION OF LIABILITY—INDEMNIFICATION— COVENANT NOT TO SUE
I. THE SOFTWARE IS PROVIDED “AS IS,” AND NEITHER SENSAPHONE NOR ANY OF ITS LICENSORS MAKES
ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY,
CONDITION OR OPERATION THEREOF. NEITHER SENSAPHONE NOR ANY OF ITS LICENSORS WARRANTS
THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY AND/
OR THAT IT WILL BE FREE FROM VIRUSES OR OTHER DEFECTS. SENSAPHONE AND ITS LICENSORS
EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY
OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY
WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
II. YOUR INSTALLATION AND USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, INSTALLING, AND/OR USE
OF FILES OR OTHER MATERIAL. YOU AGREE THAT NEITHER SENSAPHONE NOR ANY OF ITS LICENSORS
WILL BE LIABLE FOR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR SPECIAL DAMAGES) ARISING OUT OF YOUR INSTALLATION OF, USE OF, OR INABILITY TO USE
THE SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS OF ANY KIND WITH RESPECT THERETO, WHETHER
BASED IN CONTRACT, BREACH OF WARRANTY, TORT OR ON ANY OTHER GROUNDS, EVEN IF SENSAPHONE
(OR ANY SUCH LICENSOR) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR
NOT CAUSED BY SENSAPHONE’S OR ITS LICENSORS’ NEGLIGENCE. THE SOLE AND ENTIRE LIABILITY OF
SENSAPHONE AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE
SOFTWARE OR ANY BREACH OF THIS AGREEMENT, SHALL BE THE REPLACEMENT OF ANY SOFTWARE
FOUND TO BE DEFECTIVE.
III. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SENSAPHONE, ITS
LICENSORS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES,
FOR ANY AND ALL LIABILITIES ARISING FROM OR POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR
ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO
DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING
ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM INSTALLATION, OPERATION OF, USE OF,
OR THE INABILITY TO USE SENSAPHONE’S SOFTWARE, OR FROM THE FAILURE OF SENSAPHONE’S SYSTEM
TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY SENSAPHONE’S NEGLIGENCE,
EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LICENSE AGREEMENT.
IV. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SENSAPHONE, ITS LICENSORS, OWNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY
AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS,
INCLUDING BUT NOT LIMITED TO DAMAGE THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM
INSTALLATION, OPERATION OF, USE OF, OR THE INABILITY TO USE SENSAPHONE’S SOFTWARE, OR FROM
THE FAILURE OF SENSAPHONE’S SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT
CAUSED BY SENSAPHONE’S NEGLIGENCE.
V. WITHOUT WAIVING ANY PROVISION IN THIS LICENSE AGREEMENT, IF A CIRCUMSTANCE ARISES WHERE
SENSAPHONE AND/OR ITS LICENSORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT
OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SOFTWARE
SUBJECT TO THIS AGREEMENT, THEN SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY
THE CUSTOMER UNDER THIS LICENSE AGREEMENT OR $250.00, WHICHEVER IS GREATER. YOU HEREBY
RELEASE SENSAPHONE AND ITS LICENSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THIS LIMITATION.
VI. NEITHER SENSAPHONE NOR ANY OF ITS LICENSORS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY
ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF
SENSAPHONE’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO
YOUR ELECTRONIC MAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-
PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
VII. IN PARTICULAR, YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR
IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED REPRESENTATIVE OF SENSAPHONE, IN
EVALUATING THE SOFTWARE.