xDEEP BLACK BT, User Manual

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50. LICENCE AND LIABILITIES AGREEMENT 3/5
4. AGREEMENT LIMITATIONS AND EXCLUSIONS
THE AGREEMENT APPLIES ONLY IF BLACK BT IS USED IN ACCORDANCE WITH THE USER MANUAL.
THIS AGREEMENT EXPIRES AND LICENSEE LOSES ITS RIGHT TO USE BLACK BT SOFTWARE IN CASE
OF: (I) ANY USE OF THE BLACK BT NOT IN ACCORDANCE WITH THE BLACK BT USER MANUAL; (II)
USE OF THE BLACK BT WITH OR CONNECTION OF THE BLACK BT TO ANY PRODUCT, ACCESSORY,
SOFTWARE AND/OR SERVICE NOT MANUFACTURED, SUPPLIED OR APPROVED BY XDEEP
5. NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WARRANTIES PROVIDED UNDER GUARANTEE
CERTIFICATE ENCLOSED TO THIS AGREEMENT ARE LICENSEE SOLE AND EXCLUSIVE RIGHTS, AND
XDEEP’S SOLE AND EXCLUSIVE LIABILITIES AND OBLIGATIONS TO LICENSEE, IN CONNECTION WITH
LICENSEE’S PURCHASE AND USE OF THE BLACK BT, AND ARE IN LIEU OF EVERY AND ALL OTHER
REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY NATURE OR KIND WHATSOEVER.
6. EXCLUSION OF DAMAGES
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND EXCEPT FOR XDEEP’S
WARRANTY OBLIGATIONS UNDER GUARANTEE CERTIFICATE ENCLOSED TO THIS AGREEMENT, IN
NO EVENT WILL XDEEP BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED
WITH, OR RELATING TO THE BLACK BT, OR USE OF BLACK BT, THIS AGREEMENT, THE SUBJECT
MATTER OF THIS AGREEMENT, OR OTHERWISE, INCLUDING LOSS OF DATA, SAVINGS, INCOME OR
PROFITS.