Clear-Com Eclipse HX series, Руководство пользователя

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Eclipse | Upgrade Guide
Page 228
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER
IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION
TRANSACTIONS ACT AS ENACTED BY ANY STATE. CLEAR-COM ALSO
MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE
WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR
THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF
VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
10) Limitation of Liability. You expressly absolve and release Clear-Com from any
claim of harm resulting from a cause beyond Clear-
Com’s control, including, but
not limited to, failure of electronic or mechanical equipment or communication
lines, telephone or other connection problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes, or other labor problems, wars, or governmental restrictions.
MOREOVER, IN NO EVENT SHALL CLEAR-COM BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SOFTWARE, WITH ANY DELAY OR INABILITY TO USE
THE SOFTWARE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS,
PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SOFTWARE, WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF
CLEAR-COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE
FOREGOING, TOTAL LIABILITY OF CLEAR-COM FOR ANY REASON WHATSOEVER
RELATED TO USE OF THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT
PAID BY YOU TO CLEAR-COM TO PURCHASE THE SOFTWARE.
11) Indemnity. You agree to protect, defend, indemnify, and hold harmless Clear-
Com and its affiliates and all of their respective employees, agents, directors,
officers, shareholders, attorneys, successors, and assigns from and against any
and all claims, proceedings, damages, injuries, liabilities, losses, costs, and
expenses (including reasonable attorneys’ fees and li tigation expenses) relating
to or arising from any breach by you of this Agreement.
12) Legal Matters.
9.1 If you are resident or domiciled anywhere other than Europe, the
Middle East or Africa, this Agreement will be construed and enforced
solely in accordance with the laws of the State of California, U.S.A., and
courts in California shall have exclusive subject matter jurisdiction,
personal jurisdiction, and venue to adjudicate any dispute arising out of
this Agreement.
9.2 If you are resident or domiciled in Europe, the Middle East or Africa
(the “EMEA”), this Agreement will be construed and enforced solely in
accordance with English law and English Courts shall have exclusive
subject matter jurisdiction, personal jurisdiction and venue to adjudicate
any dispute arising out of this Agreement.