Disclaimer Of Warranty; Limitation Of Liability; Copyrights, Ownership And Proprietary Rights; Confidentiality - Psion EP10 User Manual

Appendix C: HDK License Agreement

DISCLAIMER OF WARRANTY

physical or environmental damage ("High Risk Activities"). We specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
C.5 DISCLAIMER OF WARRANTY
We do not warrant uninterrupted or error free operation of the HDK nor do we warrant that the HDK will
meet your requirements. THE HDK AND DOCUMENTATION ARE PROVIDED "AS-IS" WITHOUT ANY WAR-
RANTY WHATSOEVER AND WITHOUT ANY TECHNICAL SUPPORT OF ANY KIND. WE DISCLAIM ANY AND
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS RE-
GARDING THE USE OR THE RESULTS OF THE USE OF THE HDK IN TERMS OF ITS CORRECTNESS, ACCU-
RACY, RELIABILITY, USE WITH FUTURE PSION DEVICES INTRODUCED, OR OTHERWISE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT USE AND MODIFICATION OF THE HDK IS AT YOUR SOLE RISK AND
YOU ARE RESPONSIBLE FOR INSTALLATION AND MODIFICATION OF THE HDK ON YOUR COMPUTER.
C.6

LIMITATION OF LIABILITY

Under no circumstances are we or our third party suppliers liable for damages of third parties claimed
against you, or for harm to your records or data, or special, incidental, indirect, or consequential damages,
including but not limited to lost profits, lost business revenue or failure to realize expected savings, loss of
data, loss of use of the HDK or any associated equipment, downtime and user's time, even if you informed
us of their possibility, or for breach of any express or implied warranty, breach of contract, negligence, strict
liability or any other legal theory related to the HDK. This limitation applies whether you are entitled to
claim damages from us or our third party suppliers as a matter of contract or tort.
C.7

COPYRIGHTS, OWNERSHIP AND PROPRIETARY RIGHTS

All title and copyrights in and to the HDK, and any copies thereof, are owned by Psion Inc. or its suppliers.
The HDK also contains copyrighted material licensed from our suppliers and all rights to such copyrighted
material rests with such suppliers. We retain title to the HDK and any copies made from it. Any copies of the
HDK you made are subject to the restrictions of this Agreement.
WE DISCLAIM ALL WARRANTIES AND INDEMNITIES, EXPRESS, IMPLIED OR STATUTORY, FOR PATENT OR
COPYRIGHT INFRINGEMENT.
C.8

CONFIDENTIALITY

You agree not to use or disclose any proprietary information provided by us, except for the purposes of this
Agreement. You agree not to reproduce any of the copyrighted materials unless expressly permitted by
this Agreement.
C.9

ENDING THIS AGREEMENT

We may terminate this Agreement and your license immediately without notice if (a) you fail to comply with
any term of this Agreement, or (b) your rights are assigned by you, by operation of law or otherwise. In such
event, you must return or destroy all copies and component parts of the HDK and documentation, as well as
any other Psion proprietary information in your possession, within fourteen (14) days of the date of termi-
nation. Any rights and obligations under this Agreement that by their nature continue after it ends, will
remain in effect until they are completed.
C.10

GENERAL

The laws of the Province of Ontario and the federal laws applicable therein, excluding the conflict of laws
provisions, govern this Agreement. If any provision of this Agreement is deemed invalid or unenforceable
by any country, that particular provision will be deemed modified to the extent necessary to make the pro-
vision valid and enforceable, and the remaining provisions will remain in full force and effect. Failure by us
to insist on strict performance or to exercise a right when entitled, does not prevent us from doing so at a
later time, either in relation to that default or any subsequent one.
No modifications of this Agreement shall be effective unless in writing and approved by us.
C-4
Psion EP10 HDK User Manual