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or services or Kapture servers that provide you with data and content are free of
viruses or other harmful components. Kapture also assumes no responsibility for
and shall not be liable, for any damages caused by viruses that may infect your
Kapture product or software. In the event of any loss, damage or injury, you will
not look to Kapture to compensate you or anyone else. You release and waive for
yourself and your insurer all subrogation and other rights to recover against Kapture
arising as a result of the payment of any claim for loss, damage or injury. Kapture
equipment and services do not cause and cannot eliminate occurrences of certain
events and Kapture makes no guarantee or warranty, including any implied warranty
of merchantability or fitness for a particular purpose or that Kapture equipment
and services provided will detect or avert such incidents or their consequences.
Kapture does not undertake any risk that you or property, or the person or property
of others, may be subject to injury or loss if such an event occurs. The allocation of
such risk remains with you, not Kapture. Other than the above product warranty
for Kapture products, its suppliers disclaim all warranties of any kind, whether
express, implied, or statutory, regarding the Kapture products and services, including
any implied warranty of title, merchantability, fitness for a particular purpose, or
non-infringement of third party rights. Because some jurisdictions do not permit
the exclusion of implied warranties, the last sentence of this section may not apply
to you. Kapture hereby further expressly disclaims all liability for any claims for
service failures that are due to normal product wear, product misuse, abuse, product
modification, improper product selection or your noncompliance with all applicable
federal, state or local laws. This warranty and warranty disclaimer give you specific
legal rights, and you may have other rights that vary by state, province, or country.
Other than as permitted by law, Kapture does not exclude, limit or suspend other
