Follett VERSION 6.00 - Manual (Page 5)

5 04/04
Product, whether or not such modification is authorized by Follett Software
Company.
11. DISCLAIMER OF WARRANTY. FOLLETT SOFTWARE COMPANY DISCLAIMS
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WARRANTY OF TITLE, OR WARRANTY OF
NON-INFRINGEMENT. FOLLETT SOFTWARE COMPANY AND ITS LICENSORS
ARE NOT RESPONSIBLE FOR AND MAKE NO REPRESENTATIONS OR
WARRANTIES WITH REGARD TO THIRD PARTY NETWORK OPERATING
SYSTEMS, COMPUTER HARDWARE, SOFTWARE, OR PERIPHERALS THAT YOU
USE IN CONJUNCTION WITH THE PRODUCT, OR THAT ANY
NETWORK-ACCESSIBLE FEATURES OF THE PRODUCT WILL BE
CONTINUALLY ACCESSIBLE OR ACCESSIBLE AT ANY TIME.
THE THIRD PARTY SOURCE CODE USED IN THE PRODUCT AND LISTED, WITH
ITS LICENSING TERMS, AT WWW.FSC.FOLLETT.COM/DESTINY IS PROVIDED
BY THIRD PARTY LICENSORS AS IS," WHO DISCLAIM ANY EXPRESSED OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL ANY SUCH THIRD PARTY LICENSOR OR ITS
CONTRIBUTORS OR FOLLETT SOFTWARE COMPANY BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT LIMITED TO LOSS OF USE OR
DATA), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING OUT OF THE USE OF THE PRODUCT, SOFTWARE, OR
SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL FOLLETT SOFTWARE COMPANY OR ITS LICENSORS BE
LIABLE TO YOU IN ANY AMOUNT EXCEEDING THE TOTAL FEES YOU HAVE
PAID TO FOLLETT SOFTWARE COMPANY DURING THE TWELVE MONTHS
PRECEDING YOUR CLAIM.
FOLLETT SOFTWARE COMPANY IS NOT RESPONSIBLE FOR AND MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THIRD PARTY PRODUCTS,
SERVICES, OR WEB SITES WILL WORK WITH THE PRODUCT, OR THAT ACCESS
TO THE PRODUCT OR THIRD PARTY SITES FOUND THROUGH THE PRODUCT
WILL BE UNINTERRUPTED OR ERROR-FREE. FOLLETT MAKES NO
WARRANTY THAT THE INFORMATION OBTAINED FROM THE PRODUCT IS
ACCURATE OR RELIABLE OR THAT ANY GOODS OR SERVICES MADE
AVAILABLE THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS.
YOU AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE
OBTAINED FROM USE OF THE COLLECTION IS DONE OR ALLOWED AT YOUR
SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL
OR DATA.
12. Indemnification. To the extent you are permitted under applicable law, you agree to
defend, indemnify, and hold harmless Follett Software Company, its parent
corporation, subsidiaries, affiliates, and their respective officers, directors, employees,
attorneys, and agents from and against any and all third party claims, liability, and
expenses, including attorneys' fees and legal costs, that arise out of the use of the
Products by you or your patrons in violation of this Agreement. This provision will
not apply if you are a public school or public library.