Inter-Tel Axxess User Manual page 13

The Indemnified Parties shall not be responsible, and you shall have no recourse
against the Indemnified Parties, for any loss, liability, damages, costs or expenses
which may be suffered or incurred at any time by you as a result of your reliance upon
or use of the Program, or as a result of any claim, action or proceeding against you
arising out of or relating to the use of the Program, or as a result of your defense of
any such claim, action or proceeding.
Limits Of Liability:
In no event shall Inter-Tel or its third-party suppliers and vendors be liable for any
losses (whether in tort, contract or otherwise) incurred in connection with the pur-
chase, sale, possession, operation, or use of the Software (separately or in combina-
tion with other products) including, but not limited to loss of time, loss of anticipated
profits, loss of data, loss of information, loss of business, loss of revenue, loss of
goodwill or loss of anticipated savings or other business losses, losses relating to rout-
ing or programming errors, unauthorized use or access of all intrastate, interstate, and
international long distance services, or such access or use by voice mail, DISA, auto
attendant, or 800 or 900 services by end-users or unrelated third parties, losses related
to the use of copyrighted music with Inter-Tel Software, and to the extent such limita-
tion is permitted by applicable law, losses and damages resulting from physical injury
to tangible property or death or injury of any person whether arising from Inter-Tel's
negligence, breach of contract or otherwise. IN NO EVENT SHALL INTER-TEL OR
ITS THIRD-PARTY SUPPLIERS AND VENDORS BE LIABLE FOR ANY INCI-
DENTAL OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY
ARISING FROM USE OR INABILITY TO USE THE SOFTWARE, SEPARATELY
OR IN COMBINATION WITH OTHER PRODUCTS. IN NO EVENT SHALL THE
TOTAL LIABILITY OF INTER-TEL DAMAGES EXCEED THE AMOUNT PAID
BY YOU FOR THE SOFTWARE.
Entire Agreement:
This Agreement constitutes the entire agreement between You and Inter-Tel and
supersedes any and all prior agreements between Inter-Tel and You with regard to the
Inter-Tel Software. No amendment, modification or waiver of this Agreement will be
valid unless set forth in a written instrument signed by the party to be bound thereby.
This Agreement shall be governed by the laws of the State of Arizona. No failure or
delay on the part of Inter-Tel to enforce its rights hereunder shall operate as a waiver
of any right.
This Agreement and any disputes arising hereunder shall be governed by the laws of
the State of Arizona, United States of America, without regard to conflicts of laws
principles. The parties hereby expressly exclude the application of the U.N. Conven-
tion on Contracts for the International Sale of Goods to the Agreement.
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Axxess Desktop SoftPhone User Guide