Limitation of liability – IntelliTrack Package Track User Manual

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return of the price paid or (b) repair or replacement of the SOFTWARE.
This guarantee does not apply to the SOFTWARE that has been custom-
ized by or for you, or if failure of the SOFTWARE has resulted from acci-
dent, abuse or misapplication. Outside of the United States, these remedies
are not available without 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 SOFTWARE 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 ITI 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 SOFTWARE OR
ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY
EVEN IF ITI OR AN AUTHORIZED RESELLER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU
ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THE ALLO-
CATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITA-
TION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.

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