User Guide
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Confidential and Proprietary
10/2/2008
Warranty
Scope
SkyGuard, LLC warrants that each Device will be free from defects in design, materials
and workmanship so long as the customer is not in default and has an active service
account with SkyGuard, LLC in good standing for as long as continuous service is active
on the device. Such warranty shall obligate SkyGuard, LLC to repair or replace and return
the device, at no charge to Customer, Devices determined to have defects subject to
SkyGuard LLC’s warranty obligations; provided, that SkyGuard, LLC shall not be
responsible for the cost of repair or replacement of Devices due to negligence, accidental
or intentional damage, misuse or abuse. Devices shall be returned to SkyGuard, LLC for
inspection.
Hardware
Customer shall use only those devices and accessories approved by SkyGuard for use on
the wireless messaging networks through which the services are provided. Customer shall
be solely responsible for installation of the Devices and Accessories.
Software
All rights in the Software, including without limitation any patents, copyrights and any
other intellectual property rights therein, will remain the exclusive property of SkyGuard,
LLC and/or its licensors. Customer agrees that the Software is the proprietary and
confidential information of SkyGuard, LLC and/or its licensors. Except to the extent
otherwise expressly agreed by the parties in writing, SkyGuard, LLC has no obligation to
provide maintenance or other support of any kind for the Software, including without
limitation any error corrections, updates, enhancements or other modifications. This
Agreement does not include the right to sublicense the Software. The license to use the
Software granted herein is personal to Customer, and, therefore, may not be assigned (by
operation of law or otherwise) or transferred without the prior written consent of
SkyGuard, LLC.
Disclaimer of Warranties and Limitation of Liabilities
SKYGUARD MAINTAINS RELATIONSHIPS WITH MULTIPLE THIRD PARTY NETWORK PROVIDERS TO
OFFER ITS CUSTOMERS THE MOST ROBUST SERVICES AVAILABLE. THIS COLLECTION OF
NETWORKS SHALL BE REFERRED TO HEREIN COLLECTIVELY AS THE SKYGUARD NETWORKS.
CUSTOMER ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE SERVICE TO ACHIEVE ANY
INTENDED RESULTS, AND FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED BY
THE SERVICE, DEVICES AND ACCESSORIES. CUSTOMER ALSO ASSUMES FULL RESPONSIBILITY
FOR THE CONSEQUENCES RESULTING FROM SKYGUARD, LLC’S PERFORMANCE OF FUNCTIONS
REQUESTED BY CUSTOMER OR A USER OF CUSTOMER’S SERVICE ACCOUNT IN CONNECTION
WITH SKYGUARD REMOTE ASSISTANT SUPPORT SERVICE. CUSTOMER HAS THE SOLE
