Limitation Of Damages - HTC MAGIC User Manual

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without limitation any express or implied warranty of merchantability, express
or implied warranty of fitness for a particular purpose, non-infringement, quality,
accuracy, completeness, effectiveness, reliability, usefulness, that the Weather
Information, Stock Data, Data and/or Documentation will be error-free, or implied
warranties arising from course of dealing or course of performance.
Without limiting the foregoing, it is further understood that HTC and its Providers
are not responsible for Your use or misuse of the Weather Information, Stock Data,
Data and/or Documentation or the results from such use. HTC and its Providers
make no express or implied warranties, guarantees or affirmations that weather
information will occur or has occurred as the reports, forecasts, data, or information
state, represent or depict and it shall have no responsibility or liability whatsoever
to any person or entity, parties and non-parties alike, for any inconsistency,
inaccuracy, or omission for weather or events predicted or depicted, reported,
occurring or occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
YOU ACKNOWLEDGE THAT THE WEATHER INFORMATION, STOCK DATA, DATA AND/
OR DOCUMENTATION MAY INCLUDE INACCURACIES AND YOU WILL USE COMMON
SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN CONNECTION WITH THE
USE OF THE WEATHER INFORMATION, STOCK DATA, DATA OR DOCUMENTATION.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HTC OR ITS PROVIDERS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY
KIND, IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF
REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA,
AND/OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, IN ANY MANNER,
OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS, OR
USE OF THE WEATHER INFORMATION, STOCK DATA, DATA OR DOCUMENTATION
HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF.