Zboard™ User Guide
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information you provide to Ideazon as part of the Support Services, Ideazon may use such information in its discretion for its business
purposes, including for product support and development.
5. NO WARRANTIES.
The Software is licensed to you "as is," without warranty or condition of any kind. Ideazon and Ideazon's suppliers disclaim all
warranties or conditions, express or implied, including without limitation the warranties or conditions of merchantability, fitness for a
particular purpose, title and non-infringement of third party rights. Some jurisdictions do not allow the disclaimer of implied
warranties, so the above disclaimer may not apply to you. This warranty gives you specific legal rights. You may have other legal
rights that vary from jurisdiction to jurisdiction.
6. LIMITATION OF LIABILITY.
No Ideazon supplier shall have any liability whatsoever under this agreement. Ideazon and its suppliers shall not be liable for any
indirect, exemplary, special, consequential or incidental damages of any kind (including without limitation lost profits), even if Ideazon
or such supplier has been advised of the possibility of such damages. In no event will Ideazon's aggregate liability in connection with
this agreement and the software, regardless of the form of the action giving rise to such liability (whether in contract, tort or
otherwise), exceed $100. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages
so the above limitation or exclusion may not apply to you. You acknowledge and agree that this limited liability provision is a
fundamental part of the basis of Ideazon's bargain hereunder, and Ideazon would not be willing to provide the Software to you absent
such limitations.
7. TERMINATION.
You may terminate this Agreement at any time. This Agreement shall terminate automatically upon your breach of any term of this
Agreement. Upon termination, you shall destroy the Software and the backup copy, if any, you made pursuant to the Agreement.
8. GOVERNMENT END-USERS.
The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101; consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End-Users acquire the Software with only those rights set forth herein.
9. EXPORT CONTROL.
The Software is subject to the export control laws of the United States and other jurisdictions. You may not export or re-export the
Software without the appropriate United States and foreign government licenses. You shall otherwise comply with all applicable
export control laws and shall defend, indemnify and hold Ideazon and all Ideazon suppliers harmless from any claims arising out of
your violation of such export control.
10. GENERAL.
This Agreement shall for all purposes be governed by and interpreted in accordance with the laws in force in the State of
California, U.S.A., without regard to any provision that would cause the laws of another jurisdiction to apply. You agree to the non-
exclusive jurisdiction of the state and federal courts located there and the provincial and federal courts of Ontario, Canada in
connection with any dispute arising out of this Agreement. The United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for
any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. This Agreement is the final,
complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or
contemporaneous understandings and agreements relating to such subject matter, whether oral or written. By opening the software
package or downloading, installing, or running the Software, you acknowledge that you have read this Agreement, understand it and
agree to be bound by its terms and conditions.
