your wireless service provider; (c) the coverage, type or grade of
service available from your wireless service provider; (d) the inability to
transmit, receive or continue any communication through the TicTalk,
or to synchronize the TicTalk with the web configuration interface, as a
result of any failure, interruption, restriction or limitation in your wireless
service or the network operated by your wireless service provider; or
(e) any accidents or other events beyond the control of Enfora. IN NO
EVENT SHALL ENFORA BE LIABLE TO YOU FOR ANY SPECIAL,
EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF ONE
HUNDRED U.S. DOLLARS ($100), ARISING OUT OF YOUR USE OR
INABILITY TO USE THE TICTALK PHONE, THE SOFTWARE, THE
DOCUMENTATION AND/OR THE WEB CONFIGURATION
INTERFACE.
Indemnification:
You agree to defend, hold harmless, and indemnify
Enfora, its officers and employees from and against any and all
damages, liabilities, costs and expenses (including but not limited to
reasonable attorneys’ fees) arising out of (a) your negligent or
intentional acts or omissions in connection with the use of the TicTalk
phone; (b) your use of the TicTalk phone other than in accordance with
the Documentation; (c) any unlawful or unauthorized communications
that you make or receive through your TicTalk phone or the web
configuration interface; or (d) your breach of any provision of this
Agreement.
Trademarks:
“TicTalk” and “Enfora” are trademarks of Enfora. Other
product names, if any, mentioned in the Documentation are trademarks
of their respective owners. You may not use any of those trademarks,
other than to identify the respective products, without the prior written
consent of the respective owner(s).
C o p y r i g h t 2 0 0 5 , E n f o r a L . P . 6 8
