Clear-Com HX System Frames - Manual (Page 184)

5) Feedback and Submissions. Clear-Com welcomes your feedback and suggestions
about Clear-Com’s products or services or the Software. By transmitting any
suggestions, information, material, or other content (collectively, "feedback") to
Clear-Com, you represent and warrant that such feedback does not infringe or
violate the intellectual property or proprietary rights of any third party (including,
without limitation, patents, copyrights, or trademark rights) and that you have all
rights necessary to convey to Clear-Com and enable Clear-Com to use such
feedback. In addition, any feedback received will be deemed to include a royalty-
free, perpetual, irrevocable, transferable, non-exclusive right and license for Clear-
Com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use,
create derivative works, and display (in whole or in part) worldwide, or act on such
feedback without additional approval or consideration, in any form, media, or
technology now known or later developed for the full term of any rights that may
exist in such content, and you hereby waive any claim to the contrary.
6) Limited Warranty.
6.1 Clear-Com warrants that any Storage Media on which the Software is stored
will be free from defects in materials and workmanship for 90 days from the date
you acquire it. If a defect in the Storage Media occurs, return the Storage Media to
Clear-Com and Clear-Com will replace it at no cost to you. This remedy is your
exclusive remedy for breach of this warranty. This limited warranty is void if the
damage or defect has resulted from accident, abuse or misapplication.
6.2 WHILE CLEAR-COM ENDEAVORS TO PROVIDE RELIABLE
INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6.1, THE SOFTWARE IS
PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE
ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE
RISK OF MAKING USE OF THE SOFTWARE. CLEAR-COM MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE
ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS,
RELIABILITY, LEGALITY, OR ACCURACY OF THE SOFTWARE FOR ANY
PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM
COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY
STATE. CLEAR-COM ALSO MAKES NO REPRESENTATION OR WARRANTY
THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN
UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR
INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES.
7) Limitation of Liability. You expressly absolve and release Clear-Com from any
claim of harm resulting from a cause beyond Clear-Com’s control, including, but not
limited to, failure of electronic or mechanical equipment or communication lines,
telephone or other connection problems, computer viruses, unauthorized access,
theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or
other labor problems, wars, or governmental restrictions. MOREOVER, IN NO
EVENT SHALL CLEAR-COM BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SOFTWARE, WITH ANY DELAY OR INABILITY TO USE
THE SOFTWARE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS,
PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SOFTWARE,
177 Eclipse HX Upgrade Guide