bObsweep WP260011, Owner'S Manual, Page: 97 / 98

any warranty or condition, express, implied or statutory. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY
OF ANY KIND. BOBSWEEP OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NON
INFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOBSWEEP NOR ITS SUP-
PLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, VICARIOUS LIABILITY, CONSEQUENTIAL DAM-
AGES, INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE BOBSWEEP SOFTWARE, THE BOBSWEEP, OR SOFTWARE THAT
YOU DEVELOPED FOR YOUR BOBSWEEP, EVEN IF BOBSWEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITA-
TION MAY NOT APPLY TO YOU UNAUTHORIZED USE: THE BOBSWEEP SOFTWARE AND THE BOBSWEEP ARE NOT DESIGNED, INTENDED, OR
AUTHORIZED FOR USE IN ANY AERONAUTICAL, NUCLEAR, MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, OR FOR ANY OTHER AP-
PLICATION IN WHICH THE USE OF THE BOBSWEEP SOFTWARE OR THE BOBSWEEP COULD CREATE A SITUATION WHERE PERSONAL INJURY
OR DEATH MAY OCCUR. Should you use the Bobsweep Software or Bobsweep for any such unintended or unauthorized use, you shall indemnify and
hold harmless Bobsweep and its ocers, subsidiaries and aliates against all claims, costs, damages, and expenses, and reasonable attorney fees arising
out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim
alleges that Bobsweep was negligent regarding the design or manufacture of the Bobsweep Software, the Bobsweep, or any part or portion thereof.
USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images, sounds, text, and other things
embodied therein, that you transmit or post to a Bobsweep website or provide to Bobsweep (“Communications”) will be considered non-condential.
Bobsweep will have no condentiality obligations with respect to the Communications. You agree that Bobsweep and its designees will be free to copy,
modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications, including derivative works thereof, for any and all commercial or non-commercial purposes without the payment
of any royalty to you, and that such license will survive the termination of this Agreement.
TERMINATION: This Agreement becomes eective on the date you accept this Agreement and will continue until terminated as provided for in this Agree-
ment. You may terminate this Agreement voluntarily at any time. Bobsweep may terminate this Agreement at any time if you are in breach of any of its
terms and conditions, and may refuse to license the Bobsweep Software or the Bobsweep to you after termination. Upon termination by either party, you
will immediately return to Bobsweep or destroy the Bobsweep Software and the Bobsweep and all your copies thereof. Articles 5 and 7 through 17 of this
Agreement shall survive such termination. U.S. GOVERNMENT RESTRICTED RIGHTS: The Bobsweep Software and the Bobsweep are provided with
“RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013
et seq. or its successor. Use of the Bobsweep Software or the Bobsweep by the Government constitutes acknowledgment of Bobsweep’s rights in them.
NO EXPORT: You may not export the Bobsweep Software or the Bobsweep in violation of applicable export laws.
INTERPRETAT ION: The provisions of this Agreement are severable. If any provision of this Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed
against the drafter shall not apply to this Agreement.
INTEGRATION: This Agreement represents the complete agreement concerning the subject matter hereof, and any and all understandings, conversations
and communications, proposals, and counterproposals, oral and written (including any draft of this Agreement) are merged into and superseded by this
Agreement and shall be of no force or eect, except as expressly provided herein. No such understandings, conversations, communications, proposals,
counterproposals or drafts shall be referred to in any proceeding concerning this Agreement. Further, no understanding contained in this Agreement shall
be modied, altered or amended, except by a writing signed by the party against whom enforcement is sought.
ARBITRATION: All disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to nal and binding
arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this Agreement shall be held in California, under the auspices
of an arbiter selected by Bobsweep. Any litigation relating to this Agreement shall be subject to exclusive venue and jurisdiction in the federal and state
courts of California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses.
APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of the Commonwealth of
California, without regard to its principles of conict of laws. The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.