September 2017
User Guide
—
Spectra Verde Array
6
12.
DISCLAIMER
OF
WARRANTIES
YOU
EXPRESSLY
ACKNOWLEDGE
AND
AGREE
THAT
USE
OF
THE
SOFTWARE
PRODUCT
IS
AT
YOUR
SOLE
RISK
AND
THAT
THE
ENTIRE
RISK
AS
TO
SATISFACTORY
QUALITY,
PERFORMANCE,
ACCURACY
AND
EFFORT
IS
WITH
YOU.
TO
THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE
LAW,
AND
EXCEPT
AS
MAY
BE
STATED
IN
THE
SPECTRA
MASTER
SERVICE
AGREEMENT,
THE
SOFTWARE
PRODUCT
IS
PROVIDED
ʺ
AS
IS,
ʺ
WITH
ALL
FAULTS
AND
WITHOUT
WARRANTY
OF
ANY
KIND,
AND
SPECTRA
AND
SPECTRA
ʹ
S
AFFILIATES
(COLLECTIVELY
REFERRED
TO
AS
ʺ
SPECTRA
ʺ
FOR
THE
PURPOSES
OF
SECTIONS
10
AND
11)
HEREBY
DISCLAIM
ALL
WARRANTIES
AND
CONDITIONS
WITH
RESPECT
TO
THE
SOFTWARE
PRODUCT,
EITHER
EXPRESS,
IMPLIED
OR
STATUTORY,
INCLUDING,
BUT
NOT
LIMITED
TO,
THE
IMPLIED
WARRANTIES
AND/OR
CONDITIONS
OF
MERCHANTABILITY,
OF
SATISFACTORY
QUALITY,
OF
FITNESS
FOR
A
PARTICULAR
PURPOSE,
OF
ACCURACY,
OF
QUIET
ENJOYMENT,
AND
NON
‐
INFRINGEMENT
OF
THIRD
‐
PARTY
RIGHTS.
SPECTRA
DOES
NOT
WARRANT
AGAINST
INTERFERENCE
WITH
YOUR
ENJOYMENT
OF
THE
SOFTWARE
PRODUCT
THAT
THE
FUNCTIONS
CONTAINED
IN
THE
SOFTWARE
PRODUCT
WILL
MEET
YOUR
REQUIREMENTS,
THAT
THE
OPERATION
OF
THE
SOFTWARE
PRODUCT
WILL
BE
UNINTERRUPTED
OR
ERROR
‐
FREE,
OR
THAT
DEFECTS
IN
THE
SOFTWARE
PRODUCT
WILL
BE
CORRECTED.
NO
ORAL
OR
WRITTEN
INFORMATION
OR
ADVICE
GIVEN
BY
SPECTRA
OR
A
SPECTRA
AUTHORIZED
REPRESENTATIVE
SHALL
CREATE
A
WARRANTY.
SOME
JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OF
IMPLIED
WARRANTIES
OR
LIMITATION
ON
APPLICABLE
STATUTORY
RIGHTS
OF
A
CONSUMER,
SO
THE
ABOVE
EXCLUSION
AND
LIMITATIONS
MAY
NOT
APPLY
TO
YOU.
13.
LIMITATION
OF
LIABILITY
TO
THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE
LAW,
IN
NO
EVENT
SHALL
SPECTRA,
ITS
AFFILIATES
OR
LICENSEES,
BE
LIABLE
FOR
ANY
SPECIAL,
INCIDENTAL,
INDIRECT,
OR
CONSEQUENTIAL
DAMAGES
WHATSOEVER
(INCLUDING,
WITHOUT
LIMITATION,
DAMAGES
FOR
LOSS
OF
BUSINESS
PROFITS,
BUSINESS
INTERRUPTION,
LOSS
OF
BUSINESS
INFORMATION,
OR
ANY
OTHER
PECUNIARY
LOSS)
ARISING
OUT
OF
THE
USE
OF
OR
INABILITY
TO
USE
THE
SOFTWARE
PRODUCT
OR
THE
PROVISION
OF
OR
FAILURE
TO
PROVIDE
SUPPORT
SERVICES,
EVEN
IF
SPECTRA
HAS
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
IN
ANY
CASE,
SPECTRA
ʹ
S
ENTIRE
LIABILITY
UNDER
ANY
PROVISION
OF
THIS
EULA
SHALL
BE
LIMITED
TO
THE
AMOUNT
ACTUALLY
PAID
BY
YOU
FOR
THE
SOFTWARE
PRODUCT;
PROVIDED
HOWEVER,
IF
YOU
HAVE
ENTERED
INTO
A
MASTER
SUPPORT
AGREEMENT,
SPECTRA
ʹ
S
ENTIRE
LIABILITY
REGARDING
SUPPORT
SERVICES
SHALL
BE
GOVERNED
BY
THE
TERMS
OF
THAT
AGREEMENT.
BECAUSE
SOME
STATES
AND
JURISDICTIONS
DO
NOT
ALLOW
THE
EXCLUSION
OR
LIMITATION
OF
LIABILITY,
THE
ABOVE
LIMITATION
MAY
NOT
APPLY
TO
YOU.
14.
CONTROLLING
LAW
AND
SEVERABILITY
This
EULA
will
be
governed
by
and
construed
in
accordance
with
the
laws
of
the
State
of
Colorado,
as
applied
to
agreements
entered
into
and
to
be
performed
entirely
within
Colorado
between
Colorado
residents.
This
EULA
shall
not
be
governed
by
the
United
Nations
Convention
on
Contracts
for
the
International
Sale
of
Goods,
the
application
of
which
is
expressly
excluded.
If
for
any
reason
a
court
of
competent
jurisdiction
finds
any
provision,
or
portion
thereof,
to
be
unenforceable,
the
remainder
of
this
EULA
shall
continue
in
full
force
and
effect.