FlexRadio Systems FLEX-6000 Referenzhandbuch Seite 55

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FLEX-6000 Signatur – Hardware Referenzhandbuch
PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE, OR ANY THIRD PARTY
PRODUCTS AND SERVICES REFERENCED HEREIN INCLUDING WITHOUT LIMITATION
ANY OF THE FOLLOWING DAMAGES: DIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES
FOR LOSS OF PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS
OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR
RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN
CONJUNCTION WITH FLEXRADIO SYSTEMS PRODUCTS OR SERVICES, DOWNTIME
COSTS, LOSS OF THE USE OF FLEXRADIO PRODUCTS OR SERVICES OR ANY PORTION
THEREOF OR OF ANY COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR
SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES, WHETHER OR
NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF FLEXRADIO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION,
FLEXRADIO SYSTEMS SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY
WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY
FOR NEGLIGENCE OR STRICT LIABILITY.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A)
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY
YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL
BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS
AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO FLEXRAIO AND ITS
AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, AUTHORIZED
FLEXRADIO DISTRIBUTORS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND
INDEPENDENT CONTRACTORS.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT
SHALL ANY DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT
CONTRACTOR OF FLEXRADIO SYSTEMS OR ANY AFFILIATES OF FLEXRADOI HAVE ANY
LIABILITY ARISING FROM OR RELATED TO THE DOCUMENTATION.
Prior to subscribing for, installing, or using any Third Party Products and Services, it is
your responsibility to ensure that the supplier has agreed to support all of their features.
Installation or use of Third Party Products and Services with FlexRadio System's products
and services may require one or more patent, trademark, copyright, or other licenses in
order to avoid infringement or violation of third party rights. You are solely responsible
for determining whether to use Third Party Products and Services and if any third party
licenses are required to do so. If required you are responsible for acquiring them. You
should not install or use Third Party Products and Services until all necessary licenses
have been acquired. Any Third Party Products and Services that are provided with
FlexRadio's products and services are provided as a convenience to you and are provided
"AS IS" with no express or implied conditions, endorsements, guarantees,
representations, or warranties of any kind by FlexRadio and FlexRadio assumes no
liability whatsoever, in relation thereto. Your use of Third Party Products and Services
shall be governed by and subject to you agreeing to the terms of separate licenses and
other agreements applicable thereto with third parties, except to the extent expressly
covered by a license or other agreement with FlexRadio Systems.
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