Clear-Com VOICE2 - Manual (Page 5)

Vitec Group Communications
VoICE IP Interface User Manual iii
b. After the initial 90 days, THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY,
RELIABILITY, OR NON-INFRINGEMENT OF THIRD-PARTY
INTELLECTUAL PROPERTY RIGHTS. This constitutes an
essential part of this License.
7. LIMITATION OF LIABILITY:
a. For the avoidance of doubt, all conditions imposed by law
covering matters such as fitness for purpose, compliance to
description, negligence and quality are expressly excluded
from this agreement and you agree to accept the foregoing
warranty in lieu of all such items.
b. IN NO EVENT SHALL VGC BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR USE OF
DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER
BASED ON CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION, NEGLIGENCE), WARRANTY, GUARANTEE OR
ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF VGC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
c. The warranty is personal to you (or end user if you have made it
clear that you are not the end user) and may not be transferred
(except as permitted expressly above).
d. VGC shall not be a liable for failure to perform any obligation to
you where such failure is due to circumstances beyond VGC’s
reasonable control.
e. VGC offers extended warranties and, if you are not satisfied
with the above, you should consider such warranties or
consider separate insurance.
8. RESTRICTED RIGHTS:
If this Software is acquired by or for the U.S. Government then it is pro-
vided with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Com-
mercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or
clause 18-52.227-86(d) of the NASA Supplement to the FAR, as appli-
cable. Contractor/manufacturer: Vitec Group Communications Limited,
7400 Beach Drive, Cambridge, England CB25 9TP or Vitec Group
Communications LLC, 850 Marina Village Parkway, Alameda, CA
94501.
9. OTHER ISSUES:
a. Any failure by VGC to insist on its strict rights under this
Agreement shall not be deemed to be a waiver of those (or any