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ElahoTouch User Manual
8.
Disclaimer of Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO
USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECHOFLEX AND ITS SUPPLIERS
AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-
INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF
INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. ECHOFLEX AND ITS
SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL MEET
USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. The entire risk as to the quality, operation, and performance of the
Software is with User. Should any Software prove defective in any respect, User assumes
the cost of any necessary servicing, repair or correction. This disclaimer of warranty
constitutes an essential part of this license. ECHOFLEX STRICTLY DISCLAIMS ALL
WARRANTIES WITH RESPECT TO ANY THIRD-PARTY LICENSES.
9.
U.S. Government Restrictions. The Software is commercial computer software, as such
term is defined in 48 C.F.R. §2.101. Accordingly, if the User is the U.S. Government or any
contractor therefor, User shall receive only those rights with respect to the Software and
documentation as are granted to all other end users under license, in accordance with (a)
48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of
Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S.
Government licensees and their contractors.
10.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
WILL ECHOFLEX OR ITS AFFILIATES, OR ANY OF ITS SUPPLIERS AND LICENSORS, BE
LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION,
DAMAGES FOR PERSONAL INJURY, LOSS OF SERVICES, LOST PROFITS, LOST DATA AND
BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF ECHOFLEX AND ITS AFFILIATES,
SUPPLIERS AND LICENSORS, UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY USER, IF ANY, FOR THE
SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO USER.
