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End User License Agreement (EULA)

262

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System User Guide

violation of the Terms and Conditions.

Article III – DISCLAIMER OF WARRANTIES

a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND/OR THE SERVICE IS

AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,

ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE

APPLICATION AND THE SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND

WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND

CONDITIONS WITH RESPECT TO THE APPLICATION AND/OR THE SERVICE, EITHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF

MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,

OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT

WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND/OR THE

SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY THE

APPLICATION AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE

APPLICATION AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE

APPLICATION AND/OR THE SERVICE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT

THE APPLICATION SHALL BE COMPATIBLE WITH EACH WEB BROWSER (AND EACH VERSION THEREOF)

AND YOU ARE SOLELY RESPONSIBLE FOR OBTAINING A BROWSER SUPPORTING THE APPLICATION FROM

YOUR SERVICE PROVIDER. USAGE OF THE APPLICATION MAY REQUIRE DOWNLOADING AND

INSTALLMENT OF THIRD PARTY SOFTWARE (E.G., MICROSOFT SILVERLIGHT), AND YOU ARE SOLELY

RESPONSIBLE FOR OBTAINING SUCH THIRD PARTY SOFTWARE, WITH COMPANY ASSUMING NO LIABILITY

WHATSOEVER IN CONNECTION WITH SUCH SOFTWARE INCLUDING ITS AVAILABILITY (OR LACK

THEREOF), PERFORMANCE, COST, OR ANY RESULTS CAUSED BY THE OPERATION OF SUCH SOFTWARE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED

REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION AND/OR THE SERVICE PROVE

DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT

RESULTS FROM USING THE APPLICATION AND/OR THE SERVICE.

c. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO

RESPONSIBILITY THAT SOME OR ALL OF THE INFORMATION SENT VIA THE APPLICATION AND/OR THE

SERVICE WILL BE SENT AND/OR REACH THE INTENDED RECIPIENT AND/OR NOT BE SENT AND/OR NOT

REACH OTHER THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE

AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD

PARTY AS A RESULT THEREOF.

d. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO

RESPONSIBILITY THAT THE APPLICATION AND/OR THE SERVICE WILL SUCCESSFULLY ARM AND/OR

DISARM THE SYSTEM AND/OR ANY PART OF THE SYSTEM, IN WHICH CASE THE COMPANY WILL NOT BE

LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU

AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

e. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INFORMATION GATHERED AND/OR STORED BY

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