TMIO PS302SS00 - Manual (Page 3)

8. USAGE DATA
TMIO, LLC reserves the right to collect usage information regarding your use of the Software and the
Appliance. You expressly consent to the collection of such usage data by TMIO, LLC for purposes including,
but not limited to resolving issues, generating upgrades, providing service and repairs, and for transmission
to third-parties in connection with an unresolved insurance claim or other legal proceeding. The usage data
may include, but need not be limited to, frequency of use, temperatures, length of usage, features used,
commands used, and other relevant information regarding your use of the Software and/or Appliance. This
data may be collected via service call, upgrade installation, remotely via an Internet connection or via any
other communications employed by the Appliance and TMIO, LLC. At no time will TMIO, LLC divulge any
personal confidential information to a third party without your consent or pursuant to a valid court order.
9. LIMITED WARRANTY
A. To the best of Licensor’s knowledge, your use of the Software in accordance with its printed
documentation will not, in and of itself, infringe any third party’s copyright, patent, or other intellectual
property right.
B. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
BEYOND THE TERMS OF OUR STANDARD LIMITED WARRANTY FOR THE APPLIANCE. LICENSOR
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE.
TAMPERING WITH THE SOFTWARE, HARDWARE OR ANY OTHER COMPONENT COVERED UNDER THIS
LICENSE AGREEMENT VOIDS THE ENTIRE LIMITED WARRANTY OF THE APPLIANCE AND THE
DESIGN/LISTING CERTIFICATION OF THE NATIONALLY RECOGNIZED TESTING LABORATORY. THIS
PRODUCT HAS BEEN CERTIFIED TO THE NATIONAL STANDARDS AS INDICATED ON THE EQUIPMENT
RATING PLATE. ANY MODIFICATION WITHOUT THE WRITTEN PERMISSION OF TMIO, LLC
IS PROHIBITED.
10. REMEDIES
To the extent permitted by applicable law, in no event will Licensor be liable for any damages, including but
not limited to, lost profits, lost savings, or other incidental or consequential damages arising out of the use or
inability to use such program even if Licensor or its authorized dealer has been advised of the possibility of
such damages, or for any claim by any other party.
11. QUESTIONS
All questions concerning this Agreement must be directed to TMIO, LLC, Customer Service, 1220A Flynn
Street, Chattanooga, TN 37403, or by telephone at 1.800.881.TMIO (8646).
12. JURISDICTION AND DISPUTES
A. This Agreement and the Limited Warranty shall be governed by the laws of the State of Ohio.
B. All disputes hereunder shall be resolved in the applicable state or federal courts of the State of Ohio.
The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive
any jurisdictional or venue defenses otherwise available.
13. INTEGRATION
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior
agreements, oral or written, between the parties, and is intended as a final expression of their Agreement.
It shall not be modified or amended except in writing signed by the parties hereto and specifically referring
to this Agreement. This Agreement shall take precedence over any other documents that may be in
conflict therewith.
LICENSEE HEREBY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
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