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This transfer must include the Bobsweep Software, the Bobsweep, and all of the materials accompanying the Bobsweep (in-
cluding all component parts and printed materials, any upgrades, and this End User License Agreement document). The transfer
may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Bobsweep Software
and the Bobsweep must agree to all the terms of this Agreement. NO WARRANTY AND LIMITED REPLACEMENT: EXCEPT AS
STATED IN THE LIMITED WARRANTY TO THE ORIGINAL PURCHASER, THE BOBSWEEP SOFTWARE AND THE BOBSWEEP
ARE PROVIDED “AS IS” WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BOBSWEEP OR ITS AGENTS SHALL CREATE A WARRANTY.
If the Bobsweep Software or the Bobsweep is found to be defective in material or workmanship under normal use for a period
of one (1) year from the date of receipt, Bobsweep’s entire liability and your exclusive remedy shall be the replacement of the
Bobsweep Software or the Bobsweep.
This offer is void if the defect results from accident, abuse, misapplication, or software that you developed for your Bobsweep.
Any updates or supplements to the Bobsweep Software or the Bobsweep provided to you after the expiration of the one (1)
year period are not covered by any warranty or condition, express, implied or statutory. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITATION
OF LIABILITY: THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. BOBSWEEP OFFERS NO
OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NON INFRINGEMENT OF
THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BOBSWEEP NOR ITS
SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, VICARIOUS LIABIL-
ITY, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS IN-
TERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE BOBSWEEP SOFTWARE, THE BOBSWEEP, OR SOFTWARE THAT YOU DEVELOPED FOR YOUR BOBSWEEP, EVEN IF
BOBSWEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU UNAUTHORIZED USE: THE BOBSWEEP SOFTWARE AND THE BOBSWEEP ARE NOT DESIGNED,
INTENDED, OR AUTHORIZED FOR USE IN ANY AERONAUTICAL, NUCLEAR, MEDICAL, LIFE SAVING OR LIFE SUSTAINING
SYSTEMS, OR FOR ANY OTHER APPLICATION IN WHICH THE USE OF THE BOBSWEEP SOFTWARE OR THE BOBSWEEP
COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should you use the Bobsweep Software
or Bobsweep for any such unintended or unauthorized use, you shall indemnify and hold harmless Bobsweep and its ocers,
subsidiaries and aliates against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly
or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use,
even if such claim alleges that Bobsweep was negligent regarding the design or manufacture of the Bobsweep Software, the
Bobsweep, or any part or portion thereof.
USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images, sounds,
text, and other things embodied therein, that you transmit or post to a Bobsweep website or provide to Bobsweep (“Commu-
nications”) will be considered non-condential. Bobsweep will have no condentiality obligations with respect to the Commu-
nications. You agree that Bobsweep and its designees will be free to copy, modify, create derivative works, publicly display,
disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate and otherwise use
the Communications, including derivative works thereof, for any and all commercial or non-commercial purposes without the
payment of any royalty to you, and that such license will survive the termination of this Agreement.