of such software and which is used by you at your own risk nor does it
apply to any products which have been misused, damaged or become
worn or which have not been used in accordance with reasonable usage
practices, the relevant tolerances and otherwise as set out in the manual
which forms part of the Materials.
5.4. Notwithstanding the above, the Materials and any features and/or
functionality thereof are provided to you on an “as is” basis, without any
warranty of any kind, including without limitation the warranties that the
Materials are free of defects, merchantable, fit for a particular purpose or
non-infringing. The entire risk as to the quality and performance of the
Materials is borne by the Purchaser.
6. NO OTHER OBLIGATIONS
This EULA creates no obligations on the part of Gizmondo or their
sub-licensors or distributors other than as specifically set forth herein.
Specifically, and without limitation, this EULA creates no training,
maintenance, service or support obligations on the part of Gizmondo or
their sub-licensors, suppliers or distributors.
7. LIMITATION OF LIABILITY
7.1. Gizmondo do not accept any responsibility and/or liability for any errors,
omissions, viruses, defects and/or any other matters of any nature in the
Materials or which may have occurred as a result of using them which may
be a legal, technical or material fault or problem.
7.2. In the event of any claim, demand, actions or otherwise by the
Purchaser for any reason arising from the use of the Materials, then to
the extent permitted by law, Gizmondo shall only be liable in total to the
Purchaser to repay the full purchase price which the Purchaser paid for the
Materials.
7.3. The Purchaser must use the Materials entirely at its sole risk and cost.
7.4. To the extent that it is permissible under by the applicable laws of
England and Wales, Gizmondo shall not (and nor shall its sub-licensors,
suppliers or distributors) under any circumstances and through no legal
theory, tort, contract, or otherwise, be liable to the Purchaser and/or User or
any other person for any
damages of any kind arising out of the use or inability to use the
Materials, regardless of whether they are direct, indirect, special, incidental,
or consequential damages of any kind including without limitation, damages
for loss of goodwill, work stoppage, computer failure or malfunction, or any
and all other commercial damages or losses. In no event will Gizmondo or
its sub-licensors, suppliers or distributors be liable for any damages, even if
any of them are advised of the possibility of such damages, or for any claim
by any third party. This limitation of liability shall not apply to liability for death
or personal injury resulting from negligence or fraud to the extent applicable
law prohibits such limitation.
8. LEGAL FEES
In the event Gizmondo is required to initiate legal proceedings to enforce
any provision of this EULA or the Purchaser initiates legal proceedings
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