Happiest Baby Snoo User Manual page 7

Limitation of Liability . Nothing in this EULA and in particular within this "Limitation of Liability"
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clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE
WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) HBI BE LIABLE FOR ANY CONSEQUENTIAL,
EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST
DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR PRODUCT
SOFTWARE, EVEN IF HBI KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, AND (B) HBI' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE
PRODUCTS AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE,
EXCEED THE FEES ACTUALLY PAID BY YOU TO HBI OR HBI'S AUTHORIZED RESELLER FOR THE
PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND
WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. HBI
DISCLAIMS ALL LIABILITY OF ANY KIND OF HBI' LICENSORS AND SUPPLIERS.
Limitations of Product Software . YOU ACKNOWLEDGE THAT THE PRODUCTS AND PRODUCT
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SOFTWARE ARE NOT A MEDICAL DEVICE OR AN EMERGENCY NOTIFICATION SYSTEM. HBI
makes no warranty or representation that the use of the Products or Product Software (with or
without any third-party product or service) constitutes medical treatment. You understand and
acknowledge that HBI's Products or Product Software will not dispatch emergency authorities
in the event of an emergency. Furthermore, HBI's Customer Care and Support contacts cannot
be considered a medical resource. If you have an emergency or a medical concern, it is your
responsibility to seek medical assistance.
The Product Software provides you information ("Product Information") regarding your baby. All
Product Information is provided "as is" and "as available". We cannot guarantee that it is correct
or up to date. In cases where it is critical, accessing Product Information through the Product
Software is not a substitute for direct access of the information in the home.
Confidentiality . "Confidential Information" shall mean the Product Software and all other infor-
10.
mation disclosed to you that HBI characterizes as confidential at the time of its disclosure either
in writing or orally, except for information which you can demonstrate: (a) is previously rightfully
known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act
on your part, generally known in the relevant industry or public domain; (c) is disclosed to you
by a third party as a matter of right and without restriction on disclosure; or (d) is independent-
ly developed by you without access to the Confidential Information. You shall use your best
efforts to preserve and protect the confidentiality of the Confidential Information at all times,
both during the term hereof and for a period of at least 3 years after termination of this EULA,
provided, however, that any source code you receive shall be held in confidence in perpetuity.
You shall not disclose, disseminate or otherwise publish or communicate Confidential Informa-
tion to any person, firm, corporation or other third party without the prior written consent of HBI.
You shall not use any Confidential Information other than in the course of the activities permitted
hereunder. You shall notify HBI in writing immediately upon discovery of any unauthorized use or
disclosure of Confidential Information or any other breach of this EULA, and will cooperate with
HBI in every reasonable way to regain possession of Confidential Information and prevent any
further unauthorized use. If you are legally compelled to disclose any of the Confidential Infor-
mation, then, prior to such disclosure, you will (i) immediately notify HBI prior to such disclosure
to allow HBI an opportunity to contest the disclosure, (ii) assert the privileged and confidential
nature of the Confidential Information, and (iii) cooperate fully with HBI in protecting against any
such disclosure and/or obtaining a protective order narrowing the scope of such disclosure
and/or use of the Confidential Information. In the event such protection is not obtained, you shall
disclose the Confidential Information only to the extent necessary to comply with the applicable
legal requirements.
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