TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION
TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A)
SKYDROP BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL,
OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA
OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS
OR PRODUCT SOFTWARE, EVEN IF SKYDROP KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SKYDROP’S
TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE
PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR
TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO
SKYDROP OR SKYDROP’S AUTHORIZED RESELLER FOR THE PRODUCT
AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED
BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SKYDROP
DISCLAIMS ALL LIABILITY OF ANY KIND OF SKYDROP’S LICENSORS AND
SUPPLIERS.
9. LIMITATIONS OF PRODUCT SOFTWARE
Unless explicitly promising a “guarantee,” Skydrop does not guarantee or
promise any specific level of water savings or other monetary benefit from the
use of the Products or Product Software or any feature of them. Actual water
savings and monetary benefits vary with factors beyond Skydrop’s control
or knowledge. From time to time, Skydrop may use the Product Software to
provide you with information that is unique to you and your water usage and
suggests an opportunity to save money on water bills if you adopt suggestions
or features of the Product or Product Software. We do this to highlight an
opportunity based on our analysis and information about you and your
household. You acknowledge that these promotions are not a guarantee of
actual savings, and you agree not to seek monetary or other remedies from
Skydrop if your savings differ.
The Product Software provides you information (“Product Information”)
regarding the Products on your site and their connection with other products
and services. ALL PRODUCT INFORMATION IS PROVIDED “AS IS” AND “AS
AVAILABLE”. We cannot guarantee that it is correct or up to date. In cases
where it is critical, accessing Product Information through the Product Software
is not a substitute for direct access of the information on your site.
10. CONFIDENTIALITY
“Confidential Information” shall mean the Product Software and all other
information disclosed to you that Skydrop characterizes as confidential at the
time of its disclosure either in writing or orally, except for information which you
can demonstrate: (a) is previously rightfully known to you without restriction on
disclosure; (b) is or becomes, from no act or failure to act on your part, generally
known in the relevant industry or public domain; (c) is disclosed to you by a
third party as a matter of right and without restriction on disclosure; or (d) is
independently developed by you without access to the Confidential Information.
You shall use your best efforts to preserve and protect the confidentiality of
the Confidential Information at all times, both during the term hereof and for
a period of at least 3 years after termination of this EULA, provided, however,
that any source code you receive shall be held in confidence in perpetuity.
You shall not disclose, disseminate or otherwise publish or communicate
Confidential Information to any person, firm, corporation or other third party
