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rights you have, including those that may arise from the nonconformity of a sales
contract. For a full understanding of your rights, you should consult the laws of your
state, province, or country.
For our Australian customers: Please note that this warranty is in addition to any
statutory rights in Australia in relation to your goods which, pursuant to Australian
Consumer Law, cannot be excluded.
LIMITATIONS OF KAPTURE LIABILITY
Under no circumstances will Kapture be liable in any way for any content, including,
but not limited to, the loss of content, any errors or omissions in any content, or any
loss or damage of any kind incurred in connection with use of or exposure to any
content posted, emailed, accessed, transmitted, or otherwise made available via
Kapture. Kapture liability for damages, especially for breach of duty or obligation,
delay in performance, non-performance, or malperformance shall be precluded,
except when these are due to negligent breaches of any significant contractual duty
or obligation on the part of Kapture. Any liability for negligence is limited to direct
losses usually and typically foreseeable in such case. Should the claim for damages
be based on wilful or grossly negligent breach of contractual duty or obligation
on the part of Kapture, the preclusion and limitation of liability mentioned in the
preceding sentences will not Apply. The preceding preclusion and limitation of liability
will also not Apply to claims for damages arising out of loss of life, bodily injury or
health impacts for which Kapture may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not Apply to you.
Additionally, this provision is not intended to limit Kapture’s liability in the event of
Kapture’s wilful or intentional misconduct.
