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Sensors & Software Inc. web site (hereafter referred to as Site) contains materials, content and concepts (hereafter referred to as Materials) that are protected, copyrighted and otherwise the property of Sensors & Software Inc. or other parties under permission for use. The following sets forth the terms for use of this Site (hereafter referred to as Terms). Sensors & Software Inc. authorizes you to use the Materials available on the Site only for your own personal, non-commercial purposes. Use of the Site and Materials for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain and ensure any such copies contain all copyright and other proprietary notices contained in or applicable to the original Materials. You may not modify, publicly display, publicly perform or distribute the Materials.
The Site is protected under Canadian, United States and international copyright laws. Any unauthorized use of the Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
THE SENSORS & SOFTWARE INC. WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SENSORS & SOFTWARE INC. WEBSITE IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT SENSORS & SOFTWARE INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. SENSORS & SOFTWARE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SENSORS & SOFTWARE INC. WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SENSORS & SOFTWARE INC. MAKES NO WARRANTY THAT THE SENSORS & SOFTWARE INC. WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SENSORS & SOFTWARE INC. WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SENSORS & SOFTWARE INC. WEBSITE WILL BE CORRECTED. SENSORS & SOFTWARE INC. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SENSORS & SOFTWARE INC. WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SENSORS & SOFTWARE INC. WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SENSORS & SOFTWARE INC. WEBSITE OR SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE SENSORS & SOFTWARE INC. PARTIES”) SHALL CREATE ANY WARRANTY. SENSORS & SOFTWARE INC. DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE SENSORS & SOFTWARE INC. PARTIES BE LIABLE FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER OR HOWSOEVER CAUSED OR (B) ANY DIRECT DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR OTHER INTANGIBLE LOSSES), DIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE SENSORS & SOFTWARE INC. WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SENSORS & SOFTWARE INC. WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY SENSORS & SOFTWARE INC. PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Sensors & Software Inc. Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Sensors & Software Inc. Party’s liability shall be the minimum permitted under such applicable law.