Livescribe PULSE - Manual (Page 88)

Page 88 Pulse
TM
Smartpen User Manual
EXTENT PERMITTED BY APPLICABLE LAW, THE LIVESCRIBE DESKTOP SOFTWARE,
PULSE SMARTPEN, PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIVESCRIBE AND LIVESCRIBE'S
LICENSORS (COLLECTIVELY REFERRED TO AS "LIVESCRIBE") HEREBY DISCLAIM ALL
OTHER WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. LIVESCRIBE DOES NOT WARRANT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE LIVESCRIBE DESKTOP SOFTWARE, PULSE SMARTPEN,
PRODUCTS OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE LIVESCRIBE
DESKTOP SOFTWARE, PULSE SMARTPEN, PRODUCTS OR SERVICES WILL MEET YOUR
REQUIREMENTS, THAT THE OPERATION OF THE LIVESCRIBE DESKTOP SOFTWARE,
PULSE SMARTPEN OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE LIVESCRIBE DESKTOP SOFTWARE, PULSE SMARTPEN OR
SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY LIVESCRIBE OR ANY LIVESCRIBE AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY. SHOULD THE LIVESCRIBE DESKTOP SOFTWARE, PULSE
SMARTPEN, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LIVESCRIBE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF
OR RELATED TO YOUR USE OR INABILITY TO USE THE LIVESCRIBE DESKTOP
SOFTWARE, PULSE SMARTPEN, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF
THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
LIVESCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
shall Livescribe's total liability to you for all damages (other than as may be required by
applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy fails of its essential purpose.