Phonetics IMS-4000 - Manual (Page 154)

incorporated into the Software), and any copies of the Software are owned by Sensaphone (or one or more of its
licensors). The Software is protected by copyright laws and international treaty provisions. Therefore, you must
treat the Software like any other copyrighted material except that you may make copies of the Software, subject
to the limitations set forth herein.
NO WARRANTY—LIMITATION OF LIABILITY—INDEMNIFICATION— COVENANT NOT TO SUE
I. THE SOFTWARE IS PROVIDED “AS IS,” AND NEITHER SENSAPHONE NOR ANY OF ITS
LICENSORS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU
REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. NEITHER SENSAPHONE
NOR ANY OF ITS LICENSORS WARRANTS THAT THE SOFTWARE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY AND/OR THAT IT WILL BE FREE FROM VIRUSES
OR OTHER DEFECTS. SENSAPHONE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTIBILITY AND
THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
II. YOUR INSTALLATION AND USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, INSTALLING,
AND/OR USE OF FILES OR OTHER MATERIAL. YOU AGREE THAT NEITHER SENSAPHONE NOR
ANY OF ITS LICENSORS WILL BE LIABLE FOR DAMAGES (INCLUDING BUT NOT LIMITED TO
DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES) ARISING OUT OF
YOUR INSTALLATION OF, USE OF, OR INABILITY TO USE THE SOFTWARE, AND YOU HEREBY
WAIVE ANY CLAIMS OF ANY KIND WITH RESPECT THERETO, WHETHER BASED IN CONTRACT,
BREACH OF WARRANTY, TORT OR ON ANY OTHER GROUNDS, EVEN IF SENSAPHONE (OR ANY
SUCH LICENSOR) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR
NOT CAUSED BY SENSAPHONE’S OR ITS LICENSORS’ NEGLIGENCE. THE SOLE AND ENTIRE
LIABILITY OF SENSAPHONE AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY WITH
RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT, SHALL BE THE
REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE.
III. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SENSAPHONE, ITS
LICENSORS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED
COMPANIES, FOR ANY AND ALL LIABILITIES ARISING FROM OR POTENTIALLY ARISING
FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES
OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL
COSTS, THAT MAY RESULT FROM INSTALLATION, OPERATION OF, USE OF, OR THE INABILITY TO
USE SENSAPHONE’S SOFTWARE, OR FROM THE FAILURE OF SENSAPHONE’S SYSTEM TO REPORT
A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY SENSAPHONE’S NEGLIGENCE,
EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LICENSE AGREEMENT.
IV. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SENSAPHONE, ITS LICENSORS,
OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES,
AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES,
DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGE THAT ARE DIRECT OR
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES
AND LEGAL COSTS, THAT MAY RESULT FROM INSTALLATION, OPERATION OF, USE OF, OR THE
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