ePad User Guide
– Product Family Reference
13
ACCORDINGLY, EPADLINK AND ANY THIRD PARTY
DEVELOPERS SHALL NOT BE LIABLE FOR ANY
LOSS OF USE, INTERRUPTION OF BUSINESS, OR
ANY SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT
LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. Limitation of Liability. SUBJECT TO THE
INFRINGEMENT INDEMNIFICATION PROVIDED FOR
IN SECTION 9a OF THIS AGREEMENT, EPADLINK'S
AND ANY THIRD PARTY
DEVELOPER’S
AGGREGATE LIABILITY TO YOU UNDER ANY
CLAIMS ARISING OUT OF THIS AGREEMENT SHALL
NOT EXCEED THE LICENSE FEES PAID TO
EPADLINK PURSUANT TO THIS AGREEMENT.
11. Software License Agreement (Europe, Africa And Middle East)
Important Notice To Customers. This product contains
copyrighted computer programs, which are the inalienable
intellectual property of ePadLink. This software is both integrated
within the product and also contained on the accompanying data
carrier. The purchase of this product from your dealer does not
include
ePadLink’s Software or any associated rights of usage.
ePadLink grants you, the user, the right to use the software solely
in accordance with the conditions of this Agreement. By
purchasing this product you agree to the terms of this license.
12. Third Party Beneficiaries. This Agreement is an agreement made
expressly for the benefit of any Third Party Developers and any
Third Party Developers shall be third party beneficiaries to this
Agreement. It is the express intent of ePadLink and you, that
each of you intends to benefit such Third Party Developers by this
Agreement to enable such Third Party Developers to enforce the
provisions of this Agreement. In their enforcement of the
provisions of this Agreement, the Third Party Developers shall be
entitled to all rights, protections and remedies of ePadLink under
this Agreement.
