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EM50G USER LICENSE AGREEMENT
Em50 Series
you are responsible for all payments under the data services through
the end of the term.
Disclaimer of Warranties
You expressly acknowledge and agree that use of the EM50G, soft-
ware and data storage is at your sole risk. Except for the one-year
limited warranty, the Em50G, software and data storage are pro-
vided “as is” with all faults and without warranty of any kind and
Decagon and its suppliers and licensors disclaim all warranties, ex-
press or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose, accuracy, quiet
enjoyment and non infringement of third-party rights. Nor oral or
written information or advice given by Decagon or an authorized rep-
resentative of Decagon shall create a warranty. The laws of certain
jurisdictions do not allow the disclaimer of implied warranties.
Limitation of Liability
Limitation of liability to the extent not prohibited by law, neither
Decagon nor its suppliers or licensors shall be liable to you for any
incidental or consequential damages for breach of any express or im-
plied warranty, breach of contract, negligence, strict liability or any
other legal theory related to the Em50G, software, or data storage,
including, but not limited to, any damages arising out of loss of prof-
its, revenue, data, or use of the Em50G or software or any associated
product, even if Decagon has been advised of the possibility of such
damages. In any case, Decagon’s aggregate liability under this agree-
ment shall be limited to the amount actually paid for the device. The
laws of certain jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages.
Washington Law Applies
The laws of the state of Washington, without regard to principles
of conflict of laws, govern this Agreement and any dispute of any
sort that might arise between you and Decagon.
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