SENDO X User Manual page 184

(g) You agree that you shall only use the Software in a
manner that complies with all applicable laws in the
jurisdiction in which you use the Software, including, but
not limited to, applicable restrictions concerning copyright
and other intellectual property rights.
4. COPYRIGHT.
Licensor and/or its software suppliers own the Software
and all rights, without limitation including proprietary
rights therein, and their respective affiliates and are
protected by international treaty provisions and other
applicable national laws of the country in which it is being
used. The structure, organization and code of the Software
are the valuable trade secrets and confidential
information.
5. MULTIPLE COPIES / UPDATES.
If the Software supports multiple platforms or languages, if
you receive the Software on multiple media, of if you
otherwise receive multiple copies of the Software, the
number of phones on which all versions of the Software
are installed shall be one phone. If the Software is an
Update to a previous version of the Software, you must
possess a valid end user right to such previous version in
order to use the Update and you may use the previous
version for ninety (90) days after you receive the Update in
order to assist you in the transition to the Update. After
such time you no longer have a right to use the previous
version, except for the sole purpose of enabling you to
install the Update.
6. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date you use or
install the Software. Your end user rights automatically and
immediately terminate without notice from Licensor if you
fail to comply with any provision of this Agreement. In such
event, you must immediately delete, destroy or return at
your own cost and expense, and without entitlement to any
refund of the purchase price, the phone and the Software,
and all related material to Licensor.
7. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED
WARRANTY FOR THE PHONE, YOU ACKNOWLEDGE
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND EXPRESS OR IMPLIED. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
NEITHER LICENSOR, LICENSOR'S SOFTWARE SUPPLIERS
OR THEIR RESPECTIVE AFFILIATES, NOR THE COPYRIGHT
HOLDERS MAKE ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE
ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS
OR OTHER RIGHTS. THERE IS NO WARRANTY BY
LICENSOR OR BY ANY OTHER PARTY THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE.
8. NOT FAULT TOLERANT
THE SOFTWARE MAY CONTAIN TECHNOLOY THAT IS
NOT FAULT TOLERANT AND IS NOT DESIGNED,
MANUFACTURED, OR INTENDED FOR USE IN
ENVIRONMENTS OR APPLICATIONS IN WHICH THE
FAILURE OF THE LICENSED SOFTWARE COULD LEAD
DIRECLTY TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE OR
FINANCIAL LOSS.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL LICENSOR OR LICENSOR'S
SOFTWARE SUPPLIERS OR THEIR RESPECITVE AFFILIATES
AND EMPLOYEES BE LIABLE FOR ANY LOST PROFITS,
REVENUE, SALES, DATA OR COSTS OF PROCUREMENT
173 Sendo X User Guide