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Aireo User Guide
14. LIMITATION OF REMEDIES AND DAMAGES. IN NO EVENT WILL
SONIQCAST OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
OR FOR ANY BODILY INJURY (INCLUDING DEATH) TO ANY PERSONS
CAUSED BY SONIQCAST’S NEGLIGENCE, OR FOR ANY LOST PROFITS,
LOST SAVINGS, LOSS OF USE, LOST REVENUES OR LOST DATA
ARISING FROM OR RELATING TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF SONIQCAST OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL SONIQCAST’S LIABILITY OR DAMAGES TO YOU OR ANY OTHER
PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE
SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. Some
countries/states do not allow the limitation or exclusion of liability for incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
15. PRODUCT RETURNS
. IF YOU MUST SHIP THE SOFTWARE TO
SONIQCAST OR AN AUTHORIZED SONIQCAST DISTRIBUTOR OR
DEALER, YOU MUST PREPAY SHIPPING AND EITHER INSURE THE
SOFTWARE OR ASSUME ALL RISK OF LOSS OR DAMAGE IN TRANSIT.
16. U.S. Government Restricted Rights
. All Software and related documentation are
provided with restricted rights. Use, duplication or disclosure by the U.S.
Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the
Rights in Technical Data and Computer Software Clause at 252.227-7013. If you
are using the Software outside of the United States, you will comply with the
applicable local laws of your country, U.S. export control law, and the English
version of this Agreement.
17. Contractor/Manufacturer
. The Contractor/Manufacturer for the Software is:
SoniqCast, LLC, 4400 Baker Road, Minnetonka, MN 55343.
18. General
. This Agreement is binding on you as well as (if you represent an entity)
any employees, employers, contractors and agents, and on any successors and
assignees. Neither the Software nor any information derived therefrom may be
exported except in accordance with the laws of the U.S. or other applicable
provisions. This Agreement is governed by the laws of the State of Minnesota
(except to the extent federal law governs copyrights and federally registered
trademarks). This Agreement is the entire agreement between us and you agree
that SoniqCast will not have any liability for untrue statement or representation
made by it, its agents or anyone else (whether innocently or negligently) upon
which you relied upon entering this Agreement, unless such untrue statement or
representation was made fraudulently. This Agreement supersedes any other
understandings or agreements, including, but not limited to, advertising, with
respect to the Software. If any provision of this Agreement is deemed invalid or
unenforceable by any country or government agency having jurisdiction, that
particular provision will be deemed modified to the extent necessary to make the
provision valid and enforceable, and the remaining provisions will remain in full
force and effect. For questions concerning this Agreement, please contact
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