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Appendix D: ConsoleView License Agreement
INABILITY TO USE SENSAPHONE'S SOFTWARE, OR FROM THE FAILURE OF SENSAPHONE'S
SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY
SENSAPHONE'S NEGLIGENCE.
V. WITHOUT WAIVING ANY PROVISION IN THIS LICENSE AGREEMENT, IF A CIRCUMSTANCE
ARISES WHERE SENSAPHONE AND/OR ITS LICENSORS ARE FOUND TO BE LIABLE FOR ANY LOSS
OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS,
ERRORS OR DEFECTS IN THE SOFTWARE SUBJECT TO THIS AGREEMENT, THEN SUCH LIABILITY
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER UNDER THIS LICENSE
AGREEMENT OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE SENSAPHONE AND
ITS LICENSORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THIS LIMITATION.
VI. NEITHER SENSAPHONE NOR ANY OF ITS LICENSORS SHALL BE HELD RESPONSIBLE IN ANY
WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS
DIFFICULTIESOUTSIDEOFSENSAPHONE'SCONTROLWHICHCOULDLEADTOTHEINTERRUPTION
OF DATA DELIVERY SERVICE TOYOUR ELECTRONIC MAIL ADDRESS, PAGER, TELEPHONE OR ANY
OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
VII. IN PARTICULAR,YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED
OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED REPRESENTATIVE OF
SENSAPHONE, IN EVALUATING THE SOFTWARE.
VIII. THE LAW IN SOME JURISDICTIONS MAY LIMIT OR PRECLUDE WARRANTY EXCLUSIONS OR
LIMITATIONS, INDEMNIFICATION TERMS AND/OR LIMITATIONS ON LIABILITY, SO NOT ALL OF
THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Disclaimer
Although the Software is scanned for the known viruses, you should scan the Software for viruses or other
defects, prior to installation on your system. Sensaphone does not accept any liability for damage or loss as a
result of the installation or use of the Software, including but not limited to any damage or loss resulting from
any such viruses or defects.
Notwithstanding its efforts Sensaphone reserves the right to change the Software and publish new release
versions. Sensaphone assumes no responsibility in notification to the end-user of new release updates or
versions of the Application.
Web site use
Customer may use services provided by Sensaphone on an Internet web site that could be connected to the use
of the Software subject to this Agreement. The use of such web site may only be made by authorized users with
a proper identification and password or serial number.
In using such a web site, you are further BOUND BY THE TERMS AND CONDITIONS LOCATED ON THE
WEB SITE. YOU MUST READ ALL OF THE TERMS AND CONDITIONS BEFORE PROCEEDING TO
USE THE WEB SITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS ON THE
WEB SITE, THEN YOU SHOULD CEASE USING THE WEB SITE, AND INFORM SENSAPHONE THAT
YOU DO NOT INTEND TO USE AND/OR CONTINUE USING THAT WEB SITE. YOUR USE OF THE
WEB SITE IS AN ACKNOWLEDGMENT THAT YOU AGREE TO ALL THE TERMS AND CONDITIONS
THEREIN.
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