Updated and effective as of May 24, 2018
Table of Contents
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DISCLAIMER OF WARRANTY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE (INCLUDING ALL DATA AND INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE WEB SITE) IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EZE PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EZE PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEB SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEB SITE (OR ANY SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY EZE PARTY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, LOSS OF PROFITS, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY DIRECTLY OR INDIRECTLY, TO: (A) THE WEB SITE (INCLUDING ALL INFORMATION, PRODUCTS, SERVICES, OR MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE WEB SITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE WEB SITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE EZE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (D) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE AND EVEN IF THE EZE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEB SITE IS TO STOP USING THE WEB SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE EZE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEB SITE. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE EZE PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AN EZE PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEB SITE OR ANY OTHER PROPERTY, MATERIAL, PRODUCT OR SERVICE OF ANY EZE PARTY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, OR EXPLOITATION OF THE WEB SITE OR SUCH OTHER PROPERTY, MATERIAL, PRODUCT OR SERVICE.
BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THIRD-PARTY LINKS AND CONTENT
DOWNLOADING AND ACCESSING EZE PRODUCTS
Certain products offered by Eze may be made available for downloading solely for the use by end users according to their applicable subscription agreement. You may download and install such products, but you must obtain a username, domain name and password before you can use such products. Any such username, domain name or password is for your personal use only and you are responsible if they are lost, stolen or misused, and you must notify Eze immediately if any of these events happen. Eze’s products are licensed pursuant to the terms of the applicable license agreement.
MONITORING & TERMINATION
The information provided on our Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject EzeSoft or our affiliates to any registration requirement within such jurisdiction or country. Unless otherwise specified, we control and operate our Web Site from our offices within the United States. We do not claim that materials in our Web Site are appropriate or available for use in locations other than the United States. If you choose to access our Web Site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws.
Software related to or made available by the Web Site may be subject to United States export controls. Thus, no software from the Web Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.