Limitation of liability – IntelliTrack Check In/Out User Manual

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User Manual

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proof of purchase from an authorized non-U.S. source. In the case of your
return of the Software for any reason, you will delete any copy of the Soft-
ware on your computer, and any other copy in object code or source code
form, and you further agree not to use the Software until a repaired or
replaced copy of the Software is returned to you by ITI.

EXCEPT FOR THE ABOVE GUARANTEE, INTELLITRACK INC.
MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION
WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WAR-
RANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE. INTELLITRACK INC. DOES
NOT WARRANT THAT THE SOFTWARE WILL BE UNINTER-
RUPTED OR ERROR FREE. IN PARTICULAR, INTELLITRACK INC.
DISCLAIMS ALL WARRANTIES OF ANY KIND IF THE SOFTWARE
WAS CUSTOMIZED, REPACKAGED OR ALTERED IN ANY WAY BY
ANY THIRD PARTY OTHER THAN INTELLITRACK INC.

Limitation of
Liability

IN NO EVENT WILL INTELLITRACK INC. BE LIABLE FOR ANY
DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF
COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFT-
WARE OR ACCOMPANYING DOCUMENTATION, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION
WILL APPLY EVEN IF INTELLITRACK INC. OR AN AUTHORIZED
RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU ACKNOWLEDGE THAT THE LICENSE FEE
REFLECTS THE ALLOCATION OF RISK. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

Government
Restricted
Rights
Legend;
International
Use

Use, duplication or disclosure by the United States Government is subject
to restrictions of Restricted Rights for computer software developed at pri-
vate expense as set forth in FAR Sec. 52.227-19 or DOD FAR Supplement
Sec. 252,227-7013(c)(1)(ii), and successor thereof, as applicable. If you
are sublicensing or using the Software outside of the United States, you
will comply with the applicable local laws of your country, U.S. export
control laws, and the English language version of this Software License
Agreement.

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