HMC
Product Manual
Release 3.4: May 2010
The maximum liability of Hypermedia Systems Ltd. under this limited warranty is limited to the purchase price of the
PRODUCT covered by the warranty.
Hypermedia Systems Ltd. reserves the right to refuse PRODUCTS (i) that are not covered by the warranty; or (ii)
for which there is no problem found. Such PRODUCTS shall be returned to the purchaser at purchaser’s expense.
DISCLAIMER.
EXCEPT AS EXPRESSLY STATED ABOVE OR AS REQUIRED BY LAW, Hypermedia Systems Ltd. DISCLAIMS
ANY WARRANTY FOR THE PRODUCT. THE PRODUCT IS PROVIDED "AS IS" WITHOUT REPRESENTATION
OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. Hypermedia Systems Ltd. ASSUMES NO RISK ARISING OUT OF THE USE OR PERFOR-
MANCE OF THE PRODUCT.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL Hypermedia Systems Ltd., ITS AGENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DAM-
AGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR OTHER CON-
SEQUENTIAL OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
DIRECTLY OR INDIRECTLY OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF Hyper-
media Systems Ltd. HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or inci-
dental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS.
For purchases made in the United States: The SOFTWARE and any accompanying documentation are provided
with restricted rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in sub-
paragraph (b) (3) and (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR
52.227-19, as applicable.
AMENDMENTS.
Hypermedia Systems Ltd. may amend these terms and conditions at any time by posting a notice on one or more
of its websites. Your continued use of the PRODUCT shall constitute your acceptance of such amended terms.
Accordingly, we urge you to visit our websites periodically to review the current and effective terms and conditions
for use of our products. Certain provisions of these terms and conditions may be superceded by expressly desig-
nated legal notices or terms outlined on our websites.
GOVERNING LAW.
This AGREEMENT and any and all claims relating to the PRODUCT shall be governed by the laws of the State of
Israel, without regard to or application of choice of law or principles, and the courts of Tel-Aviv Jaffa shall have sole
and exclusive jurisdiction over any dispute arising in connection with this Agreement and/or the use of the
PRODUCT.
NO WAIVER.
No delay or failure to take action under these terms and conditions will constitute a waiver by Hypermedia Systems
Ltd. unless expressly waived in writing by a duly authorized officer of Hypermedia Systems Ltd.
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