Bosch TPA 300 User Manual page 52

5.6. D
ISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW,
AFFILIATES, LICENSORS,
PROVIDERS, AND SUPPLIERS OF THE
SOFTWARE PRODUCT DO NOT WARRANT
THE SOFTWARE PRODUCT, ITS CONTENT,
USE OR ANY SUPPORT PROVIDED BY
BOSCH, WHICH IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. BOSCH
DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO WARRANTIES OF TITLE AND IMPLIED
WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE,
TITLE, COMPATABILITY,
ACCURACY AND
SOME STATES AND JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO SOME OR ALL OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO
YOU, IN WHICH
LIMITATIONS WILL BE ENFORCEABLE TO
THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
NEITHER BOSCH,
AFFILIATES, NOR
LICENSORS, SERVICE PROVIDERS, OR
SUPPLIERS WARRANT
SOFTWARE PRODUCT
UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS WILL BE CORRECTED.
WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED
FURNISHING THE SOFTWARE PRODUCT
OR ANY OTHER PERFORMANCE UNDER
THIS AGREEMENT.
YOUR USE OF THE SOFTWARE PRODUCT
IS AT YOUR SOLE RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH USE.
NEITHER BOSCH
AFFILIATES, NOR
LICENSORS, SERVICE
SUPPLIERS WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE
SOFTWARE PRODUCT IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
WARRANTY AND
RESPONSIBILITY FOR ANY THIRD PARTY
HARDWARE, EQUIPMENT OR SOFTWARE
WITH WHICH THE SOFTWARE PRODUCT
UM-BTPA1-6
BOSCH AND
SERVICE
MERCHANTABILITY,
SECURITY,
NON-INFRINGEMENT.
EVENT THE ABOVE
OR ANY OF ITS
ANY OF BOSCH'S
THAT THE
WILL BE
BY DELAY
OR ANY OF ITS
OF BOSCH'S
ANY
PROVIDERS OR
BOSCH MAKES NO
ASSUMES NO
MAY BE REQUIRED TO COMMUNICATE OR
OPERATE.
YOU EXPRESSLY
IT
AGREE THAT BOSCH AND ITS AFFILIATES,
LICENSORS, SERVICE PROVIDERS AND
SUPPLIERS, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SHALL
NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR
ANY OTHER DAMAGES WHATSOEVER, FOR
ANY MATTER ARISING FROM OR RELATING
TO THIS AGREEMENT, ANY PRODUCTS OR
SERVICES PROVIDED HEREUNDER, THE
SOFTWARE PRODUCT OR THE INTERNET
GENERALLY,
LIMITATION, YOUR USE OR INABILITY TO
ACCESS AND
PRODUCT,
INACCESSIBILITY
PRODUCT,
UNAUTHORIZED
ALTERATION OF ANY TRANSMISSION OR
DATA, ANY MATERIAL OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED,
OR THE ACCURACY OF ANY DATA OR
INFORMATION PROVIDED BY OR THROUGH
THE SOFTWARE
SUCH LIABILITY IS ASSERTED ON THE
BASIS OF
OTHERWISE AND EVEN IF BOSCH WAS
INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES.
OUR ENTIRE
EXCLUSIVE REMEDIES FOR LIABILITY OF
IN
ANY KIND
NEGLIGENCE)
PRODUCT COVERED BY THIS AGREEMENT
AND ALL
NONPERFORMANCE BY US UNDER OR
RELATED
LIMITED TO THE REMEDIES SPECIFIED
UNDER THIS AGREEMENT.
5.7. I
NDEMNIFICATION
We (or our supplier) will indemnify you against
costs and damages arising from claims of
infringement of a United States patent or
copyright resulting from your use of the
Software Product if: (a) you tell us promptly
about any claim; (b) we do not avoid the claim
by modifying or furnishing a substitute Software
Product satisfactory to you; and (c) you give us
full control of any litigation or settlement.
You shall indemnify, hold harmless and, at
Bosch's option, defend us and our affiliates and
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TPA 300 user guide
UNDERSTAND
INCLUDING,
USE THE SOFTWARE
ANY CHANGES
OF THE SOFTWARE
DELAY,
ACCESS
PRODUCT,
CONTRACT, TORT
LIABILITY AND
(INCLUDING LIABILITY
FOR THE SOFTWARE
OTHER PERFORMANCE
TO THIS AGREEMENT
User guide BOSCH TPA 300
AND
WITHOUT
TO OR
FAILURE,
TO OR
WHETHER
OR
YOUR
FOR
OR
ARE