Ematic EB105 User Manual page 31

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advantage) however arising, whether for breach or in tort, even if Ematic has been previously advised of the possibility of

such damage. You agree that you have sole responsibility for adequate protection and backup of data and/or equipment

used in connection with the product and software and will not make a claim of any nature against Ematic for lost data,

inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to indemnify, hold harmless

and defend Ematic, together with its affiliates, parent and subsidiary entities, successors, assigns, partners, managers,

members, employees, officers, directors and shareholders, from and against any and all damages, liens, liabilities, losses,

demands, actions, causes of action, claims, costs and expenses (including, without limitation, reasonable attorneys' fees,

charges and disbursements, as well as the cost of in-house counsel and appeals) arising from or related to Ematic, the use

of The Ematic User Manual or any Ematic product and/or software. Some states do not allow the exclusion or limitation of

incidental or consequential damages, so the above limitation or exclusion may not apply to you.

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