NO WARRANTY OF PERFORMANCE. THIS PRODUCT (AND INSTRUCTIONS FOR USE) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AS TO THE PERFORMANCE , MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PROGRAM IS ASSUMED BY YOU. SHOULD THE SOFTWARE OR MANUAL PROVE DEFECTIVE YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER LYTROD SOFTWARE, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF LYTROD SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF LIABLITY FOR INCIDETNAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
Appears in 3 contracts
Sources: End User License Agreement, End User License Agreement, End User License Agreement