Black Box BBR64-MADI User Manual page 44

application
To the maximum extent permitted by applicable law, JoeCo hereby disclaims all warranties and conditions with respect
to the Software and any services performed by use of the Software, either express, implied or statutory, including, but
not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular
purpose, accuracy, non-infringement of third party rights or other implied warranties or conditions.
No oral or written information or advice given by JoeCo or by an authorised JoeCo distributor, reseller or representative
shall create a warranty of any kind.
Should the Software prove defective or unsuitable for your application, you will assume the entire cost of all necessary
correction, servicing or repair.
Users of JoeCo products who upgrade to this Software from a previous version should note that JoeCo has no
requirement to supply free of charge upgrades but does so in the interest of adding additional functionality and
improvements for the benefit of its customers. In the event that a change of functionality is made that is not of benefit
to you, your sole recourse is to revert to a previous version of the Software as already properly used under licence and
accepted for use by you.
In no event will JoeCo be liable for incidental, consequential, special, indirect or other damages or claims, even if its
agents have been advised of the possibility of such damages, resulting from the breach of any express or implied
warranty. Such damages may include but are not limited to the following:
any loss of profit or any other commercial damage
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partial or total loss of data incurred whilst using the Product
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the cost of recovery of lost data
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inability to use or to continue to use the Product itself or any connected device
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damage to property
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damage based on inconvenience, loss of time or interrupted operation
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and, to the extent permitted by law, damages for personal injury.
In no event will JoeCo's liability for any damages to the User, purchaser or any other person exceed the price paid for
the Product, regardless of any form of the claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the
above limitations or exclusions may not apply to you.
6. Termination of Licence
This Licence is effective until terminated. Breach of any terms of this Licence by an owner or user of a Product will
automatically terminate the Licence. The Licence is also terminated if the Product is returned under warranty or in
exchange for a full or partial refund or in exchange or part-exchange for another product. Upon termination you will
cease all use of the Software and destroy or return any copies of the Software to JoeCo. Sections 1, 3, 4, 5, 6, 8, 9, 10
and 11 of this Licence shall survive any such termination.
7. Force Majeure
JoeCo will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations
under this Licence that are caused by an event outside of its reasonable control.
8. Waiver
If JoeCo fails, at any time during the term of this Licence, to insist upon strict performance of any of your obligations
under this Licence, or if it fails to exercise any of the rights or remedies to which it is entitled under this Licence, this
shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by JoeCo of any default shall not constitute a waiver of any subsequent default.
No waiver by JoeCo of any of the terms of this Licence shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing.
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