Limitation Of Damages - HTC Touch Dual NEON400 Quick Start Manual

4
Disclaimers
THE WEATHER INFORMATION, DATA AND DOCUMENTATION ARE PROVIDED "AS IS" AND
WITHOUT WARRANTY OR TECHNICAL SUPPORT OF ANY KIND FROM HTC. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HTC AND ITS AFFILIATES expressly disclaim any and
all representations and warranties, express or implied, arising by law or otherwise, regarding
the Weather Information, Data, Documentation, or any other Products and services, including
without limitation any express or implied warranty of merchantability, express or implied
warranty of fitness for a particular purpose, non-infringement, quality, accuracy, completeness,
effectiveness, reliability, usefulness, that the Weather Information, Data and/or Documentation
will be error-free, or implied warranties arising from course of dealing or course of performance.
Without limiting the foregoing, it is further understood that HTC and its Providers are not
responsible for Your use or misuse of the Weather Information, Data and/or Documentation
or the results from such use. HTC and its Providers make no express or implied warranties,
guarantees or affirmations that weather information will occur or has occurred as the reports,
forecasts, data, or information state, represent or depict and it shall have no responsibility or
liability whatsoever to any person or entity, parties and non-parties alike, for any inconsistency,
inaccuracy, or omission for weather or events predicted or depicted, reported, occurring or
occurred. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT
THE WEATHER INFORMATION, DATA AND/OR DOCUMENTATION MAY INCLUDE INACCURACIES
AND YOU WILL USE COMMON SENSE AND FOLLOW STANDARD SAFETY PRECAUTIONS IN
CONNECTION WITH THE USE OF THE WEATHER INFORMATION, DATA OR DOCUMENTATION.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HTC OR
ITS PROVIDERS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF
BUSINESS OPPORTUNITY, LOSS OF DATA, AND/OR LOSS OF PROFITS ARISING OUT OF, OR
RELATED TO, IN ANY MANNER, OR THE DELIVERY, PERFORMANCE OR NONPERFORMANCE
OF OBLIGATIONS, OR USE OF THE WEATHER INFORMATION, DATA OR DOCUMENTATION
HEREUNDER REGARDLESS OF THE FORESEEABILITY THEREOF.