viruses, Trojan horses, droppers, worms, logic bombs, and the like.
INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you hereby indemnify, hold
harmless and defend Innoband from and against any and all claims or lawsuits, including
attorney's fees and costs that arise, result from or are connected with the use or distribution
of the Software in violation of this Agreement.
THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NONINFRINGEMENT. INNOBAND IS NOT OBLIGATED TO PROVIDE ANY
UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SOFTWARE.
Further, Innoband shall not be liable for the accuracy of any information provided by
Innoband or third party technical support personnel, or any damages caused, either directly
or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to achieve your intended
results, and for the installation, use and results obtained from the Software. You also assume
the entire risk as it applies to the quality and performance of the Software. Should the
Software prove defective, you (and not Innoband, or its distributors or dealers) assume the
entire cost of all necessary servicing, repair or correction.
Some countries/states do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. Innoband disclaims all warranties of any kind if the Software
was customized, repackaged or altered in any way by any third party other than Innoband.
LIMITATION OF REMEDIES AND DAMAGES IN NO EVENT WILL INNOBAND OR ITS
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR FOR ANY BODILY INJURY (INCLUDING DEATH) TO
ANY PERSONS CAUSED BY INNOBAND'S NEGLIGENCE, OR FOR ANY LOST PROFITS,
LOST SAVINGS, LOSS OF USE, LOST REVENUES OR LOST DATA ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF INNOBAND OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO
EVENT WILL INNOBAND'S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON
EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS
OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
PRODUCT RETURNS
IF YOU MUST SHIP THE SOFTWARE TO INNOBAND OR AN AUTHORIZED INNOBAND
DISTRIBUTOR OR DEALER, YOU MUST PREPAY SHIPPING AND EITHER INSURE THE
SOFTWARE OR ASSUME ALL RISK OF LOSS OR DAMAGE IN TRANSIT.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use, duplication or
disclosure by the U.S. Government is subject to restrictions as set forth in subdivision
(b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If
you are sub-licensing or using the Software outside of the United States, you will comply with
the applicable local laws of your country, U.S. export control law, and the English version of
8
