AP20 Installation and Operating Guide
Page 10
AP20 Installation & Operating Guide
Document # 9301H39200 Ver. 1.1
5.
LIMITATION ON WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE
OF DATASAT DIGITAL ENTERTAINMENT SOFTWARE AND HARDWARE IS AT YOUR SOLE
RISK. DATASAT DIGITAL ENTERTAINMENT DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE OR THE HARDWARE WILL BE UNINTERRUPTED OR ERROR FREE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATASAT DIGITAL
ENTERTAINMENT SOFTWARE AND HARDWARE PROVIDED “AS IS,” WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES,
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL OF WHICH ARE HEREBY
EXPRESSLY DISCLAIMED.
6.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, SHALL DATASAT DIGITAL ENTERTAINMENT OR ITS
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OF THE DATASAT DIGITAL ENTERTAINMENT
SOFTWARE OR HARDWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY AND EVEN IF DATASAT DIGITAL ENTERTAINMENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DATASAT DIGITAL
ENTERTAINMENT’S LIABILITY EXCEED THE AMOUNT PAID BY YOU TO DATASAT DIGITAL
ENTERTAINMENT. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7.
General. This License shall be governed by the laws of the State of California as applied to
contracts performed wholly therein. In any action brought by either party arising out of
this License, the prevailing party shall be entitled to recover its reasonable attorney’s fees
and costs. If any provision of this License is held by a court of competent jurisdiction to be
unenforceable or if a provision of this License is waived by either party, the remainder of
this License shall remain in full force and effect. You may not assign this License without
the prior, express written consent of Datasat Digital Entertainment.
