Appendix D:
NEO
HDK License Agreement
Limitation of Liability
Psion Teklogix
NEO
HDK User Manual
D
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PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS RE-
GARDING THE USE OR THE RESULTS OF THE USE OF THE HDK IN TERMS OF
ITS CORRECTNESS, ACCURACY, RELIABILITY, USE WITH FUTURE PSION TEK-
LOGIX DEVICES INTRODUCED, OR OTHERWISE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE AND MODIFICATION OF THE HDK IS
AT YOUR SOLE RISK AND YOU ARE RESPONSIBLE FOR INSTALLATION AND
MODIFICATION OF THE HDK ON YOUR COMPUTER.
D.6
Limitation of Liability
Under no circumstances are we or our third party suppliers liable for damages of third
parties claimed against you, or for harm to your records or data, or special, incidental, indi-
rect, or consequential damages, including but not limited to lost profits, lost business
revenue or failure to realize expected savings, loss of data, loss of use of the HDK or any as-
sociated equipment, downtime and user's time, even if you informed us of their possibility,
or for breach of any express or implied warranty, breach of contract, negligence, strict liabil-
ity or any other legal theory related to the HDK. This limitation applies whether you are
entitled to claim damages from us or our third party suppliers as a matter of contract or tort.
D.7
Copyrights, Ownership and Proprietary Rights
All title and copyrights in and to the HDK, and any copies thereof, are owned by Psion Tek-
logix Inc. or its suppliers. The HDK also contains copyrighted material licensed from our
suppliers and all rights to such copyrighted material rests with such suppliers. We retain title
to the HDK and any copies made from it. Any copies of the HDK you made are subject to
the restrictions of this Agreement.
WE DISCLAIM ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR
STATUTORY, FOR PATENT OR COPYRIGHT INFRINGEMENT.
D.8
Confidentiality
You agree not to use or disclose any proprietary information provided by us, except for the
purposes of this Agreement. You agree not to reproduce any of the copyrighted materials
unless expressly permitted by this Agreement.
D.9
Ending This Agreement
We may terminate this Agreement and your license immediately without notice if (a) you
fail to comply with any term of this Agreement, or (b) your rights are assigned by you, by
operation of law or otherwise. In such event, you must return or destroy all copies and com-
