Bird Technologies VPM - Manual (Page 5)

PURPOSES HEREOF SHALL INCLUDE WITHOUT LIMITATION LOSS OF USE, INCOME OR
PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY, (INCLUDING DEATH TO ANY
PERSON) OR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION
PROPERTY HANDLED OR PROCESSED BY THE USE OF THE SOFTWARE). BUYER SHALL
INDEMNIFY BIRD AGAINST ALL LIABILITY, COST EXPENSE, WHICH MAY BE SUSTAINED BY
BIRD ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY.
7. BIRD warrants that the physical media for the SOFTWARE will be free from defects in material
and workmanship under normal use and service for a period of one (1) year from the date of ship-
ment. BIRD makes no representation or warranty regarding the content of the SOFTWARE and
documentation. For example, BIRD does not warrant that the SOFTWARE or documentation are
"error-free" or will meet the needs and requirements of a particular user. BIRD'S sole obligation
under this warranty shall be to issue credit, repair or replace the physical media for the SOFTWARE
which is proven to be other than as warranted.
8. NO OTHER WARRANTIES. BIRD DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE, ANY ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING
HARDWARE.
9. This Agreement is governed by the laws of the State of Ohio. Any dispute arising between you
and BIRD based upon this Agreement will be resolved by arbitration in Cleveland, Ohio and in
accordance with the rules of the American Arbitration Association, and the award of the arbitrators
shall be final and binding upon the parties.
VPM Software Quickstart Guide
VPM quickstart1.qxd 9/2/2003 10:31 AM Page 5