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Dominator EasyRoller Instruction Manual
(e) By using the Compatible Apps, you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a
‘terrorist supporting’ country; and
(ii) you are not listed on any U.S. Government list of prohibited or
restricted parties.
9. INDEMNITY, DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY
(A) AUTOMATIC TECHNOLOGY ENDEAVORS TO ENSURE THAT THE
CONTROL KIT BUNDLE IS RELIABLE, AND TRIES TO ENSURE THAT
ANY DISRUPTION TO THE ACCESS AND USE OF THE CONTROL KIT
BUNDLE IS RESTORED WITHIN A REASONABLE TIMEFRAME WHERE
POSSIBLE. HOWEVER, AUTOMATIC TECHNOLOGY, ITS RELATED
BODIES CORPORATE AND THEIR RESPECTIVE EMPLOYEES MAKE NO
REPRESENTATIONS AND, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, EXCLUDE ALL WARRANTIES AS TO THE PERFORMANCE,
QUALITY, COMPLETENESS, RELIABILITY, SECURITY, TIMELINESS OR
ACCURACY OF THE CONTROL KIT BUNDLE (WHERE APPLICABLE).
(B) B & D, ITS RELATED CORPORATE ENTITIES AND THEIR RESPECTIVE
DIRECTORS, OFFICERS AND EMPLOYEES WILL HAVE NO LIABILITY
OR RESPONSIBILITY FOR:
(I) ANY ERROR, OMISSION OR DEFECT IN THE CONTROL KIT
BUNDLE; OR
(II) ANY EVENTUALITIES ARISING FROM THE USE OF, OR
RELIANCE ON, THE CONTROL KIT BUNDLE,EXCEPT WHERE
SUCH LIABILITY IS CAUSED BY THE NEGLIGENCE OR OTHER
FAULT OF AUTOMATIC TECHNOLOGY OR ITS RELATED
CORPORATE ENTITIES.
(C) TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMATIC
TECHNOLOGY AND ITS RELATED CORPORATE ENTITIES:
(I) DISCLAIM ANY LIABILITY TO ANY PERSON ARISING OUT
OF ANY ACTION OR FAILURE TO ACT BY THAT PERSON
OR ANY THIRD PARTY, IN ACCESSING, USING OR RELYING
ON THE CONTROL KIT BUNDLE (EXCEPT WHERE SUCH
LIABILITY IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT
OF AUTOMATIC TECHNOLOGY OR ITS RELATED BODIES
CORPORATE); AND
(II) EXCLUDE ALL CONDITIONS, GUARANTEES, WARRANTIES AND
LIABILITY IN RELATION TO THE CONTROL KIT BUNDLE OR
YOUR USE OF THE CONTROL KIT BUNDLE WHETHER BASED IN
STATUTE, COMMON LAW OR OTHERWISE.
(D) IF A STATUTORY CONDITION, WARRANTY OR GUARANTEE APPLIES
IN YOUR jURISDICTION WHICH CANNOT BE EXCLUDED THEN, TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ALL LIABILITY FOR
THE BREACH OF ANY NON-EXCLUDABLE CONDITION, WARRANTY
OR GUARANTEE IS LIMITED TO THE SUPPLY OF THE RELEVANT
SERVICES AGAIN OR PAYMENT OF THE COST OF HAVING THE
SERVICES SUPPLIED AGAIN.
(E) SUBjECT TO PARAGRAPHS (C) AND (D) AND TO ANY REMEDIES
AVAILABLE TO YOU UNDER ANY NON-EXCLUDABLE STATUTORY
GUARANTEES AND UNDER ANY NON-EXCLUDABLE INDEMNITY
PROVIDED BY LOCAL LAW:
(I) YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTROL KIT
BUNDLE IS AT YOUR SOLE RISK;
(II) AUTOMATIC TECHNOLOGY AND ITS RELATED BODIES
CORPORATE WILL HAVE NO RESPONSIBILITY OR LIABILITY IN
RELATION TO:
• ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; OR
• ANY PERSONAL INjURY, ILLNESS OR DEATH (EXCEPT WHERE
SUCH LIABILITY IS CAUSED BY THE NEGLIGENCE OR OTHER
FAULT OF AUTOMATIC TECHNOLOGY OR ITS RELATED
BODIES CORPORATE); OR
• LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF CONTRACT,
DAMAGE TO REPUTATION OR GOODWILL, INCREASED COST
OF WORKINGS, DAMAGE TO SOFTWARE OR HARDWARE,
LOSS OF USE, DATA CORRUPTION OR LOSS OF DATA ARISING
FROM YOUR USE OF OR ACCESS TO THE CONTROL KIT
BUNDLE;
(III) AUTOMATIC TECHNOLOGY AND ITS RELATED BODIES
CORPORATE DO NOT WARRANT THAT FUNCTIONS OF THE
CONTROL KIT BUNDLE WILL BE SECURE, UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED
OR THAT THE CONTROL KIT BUNDLE WILL BE FREE OF
VIRUSES, WORMS, BUGS, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES;
(IV) YOU AGREE TO INDEMNIFY AUTOMATIC TECHNOLOGY,
ITS RELATED BODIES CORPORATE AND EACH OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS
AGAINST ANY ACTION, CLAIM, LOSS, DAMAGE, COST OR
EXPENSE WHICH ANY OF THEM SUFFER OR INCUR WHICH
ARISES FROM OR OTHERWISE IN CONNECTION WITH YOUR
USE OF THE CONTROL KIT BUNDLE (EXCEPT WHERE SUCH
LIABILITY IS CAUSED BY THE NEGLIGENCE OR OTHER FAULT
OF AUTOMATIC TECHNOLOGY OR ITS RELATED BODIES
CORPORATE); AND
(V) YOU AGREE THAT YOU WILL NOT BE ENTITLED TO
COMPENSATION BASED ON ANY OF THE ISSUES REFERRED
TO IN ITEMS ABOVE OTHER THAN AS EXPLICITLY PROVIDED IN
THESE TERMS.
10. Interpretation
In these Terms, the words ‘including’, ‘for example’, ‘such as’ or other similar
expressions (in any form) are not words of limitation.
11. Survival
The following clauses of these Terms survive termination of service in relation
to the Control Kit Bundle or discontinuance of use of the Control Kit Bundle:
clauses 2, 5, 6, 7, 8, 9, 10, 11 and 13.
12. Severability
You and Automatic Technology agree that if any portion of these Terms
are found to be illegal or unenforceable, in whole or in part by any court of
competent jurisdiction, such provision will be ineffective solely to the extent
of such determination of invalidity without affecting the remaining provisions
of these Terms, which will continue to be in full force and effect.
13. Governing Law
These Terms are governed by and interpreted in accordance with the laws
applicable in the State of Texas. You hereby agree to submit all disputes
arising out of your use of the Control Kit Bundle or concerning these Terms
to the jurisdiction of the courts of Texas, including any disputes arising out of
claims you have made against any of Automatic Technology, its related bodies
corporate, or their respective directors, officers, employees and agents
