Digital Monitoring Products Canadain XR500 Betriebsanweisung PDF herunterladen (Seite 5)

System Link User’s Guide v

8. Disclaimer of Warranties

The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express

warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent

permitted by applicable law, DMP and its authorized representatives provide the Software Product and Support Services (if any)

AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory,

including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular

purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of

workmanlike effort, all with regard to the Software Product, and the provision of or failure to provide Support Services. ALSO,

THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION

OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.

9. Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall DMP or its authorized representatives be liable for any

special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or

confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty

including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out

of or in any way related to the use of or inability to use the Software Product, the provision of or failure to provide Support

Services, or otherwise under or in connection with any provision of this SPLA, even in the event of the fault, tort (including

negligence), strict liability, breach of contract or breach of warranty of DMP or any authorized representative, and even if DMP

or its authorized representative has been advised of the possibility of such damages.

10. Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages

referenced above and all direct or general damages), the entire liability of DMP or any of its authorized representatives under

any provision of this SPLA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement

elected by DMP with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid

by you for the Software Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers described above shall apply

to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

11. Survival

All representations, warranties, Sections, 5, 6, 7, 8, 9, 10 and 11 in this SPLA shall survive the termination of this SPLA.

12. General

You agree that this is the complete and exclusive statement of the Agreement among you and DMP and your Provider (if other

than DMP), which supersedes all proposals, oral or written, and all other communications relating to the subject matter of this

Agreement.

If any of the provisions, or portion thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to

that extent to be deemed omitted.

This Agreement shall be governed by the laws of the State of Missouri.

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Digital Monitoring Products Canadain XR500 Betriebsanweisung Seite 5