Product Liability - EMS satamatics sprey Operator's Manual

Preface

Product Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMS IS NOT LIABLE UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF ANY
CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON,
OR INTEGRATED WITH ANY PRODUCT RETURNED TO EMS FOR WARRANTY REPAIR)
RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR
ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF EMS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IMPORTANT: EMS DOES NOT PROVIDE
EMERGENCY PUBLIC SAFETY CONNECTIONS OR MISSION CRITICAL MESSAGING THROUGH
THE SERVICES.
and
EMS will not be liable to the Value Added Reseller in tort (including negligence), breach of contract,
under any indemnity or otherwise for:
(a) any outage, unavailability or degradation of the Airtime Services due to malfunction of any
satellite or other equipment, suspension or termination of the Airtime Services as permitted
by this Framework Agreement, or any other cause; or
(a) any acts or omission of Inmarsat, Stratos or Telecom Italia that lead to any outage,
unavailability or degradation of the Airtime Services; or
(b) any acts or omissions of a telecommunications carrier unaffiliated with EMS that provides
services in relation to this Framework Agreement; or
(c) any outage, unavailability or degradation of the Airtime Services caused by any legal or
regulatory requirements of a specific state, province or country; or
(d) libel, slander, invasion of privacy infringement of copyright or any other Intellectual Property
Rights arising from material transmitted or received via the Airtime Services; or
(e) infringement of patents or other Intellectual Property Rights arising from use of the Airtime
Services or the Products in combination with -services or equipment provided by the Value
Added Reseller; or
(f) use of the Airtime Services in a manner not authorized by this Framework Agreement.
This document contains information that is proprietary and confidential to EMS Global Tracking (one or more of the following: EMS Global Tracking Ltd and EMS Technologies
Canada, Ltd), and is supplied on the express condition that it is not to be used for any purpose other than the purpose for which it was issued, nor is it to be copied or
communicated in whole or in part, to any third party other than the recipient organization, without the prior written permission of EMS Global Tracking.
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Osprey Personal Tracker
Operator Manual
© 2010 EMS Global Tracking Ltd, EMS Technologies Canada Ltd. MAN-0053 Issue 3