User guide

Beamz® User Manual
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the termination of this License; (y) all rights and obligations under Sections 1.2, 1.3, 2.1, 2.2, 3, 4, 6, 7, 8, 9
and 10 of this License; and (z) any and all other rights and obligations under provisions which by their terms,
conditions, nature or implication are expressly stated to, or are intended to, survive the termination of this
License.
5. Support Services. Beamz provides commercially reasonable web-based and telephone Software
support services during Beamz's normal business hours (the Support Services”). You may access the
Support Services by visiting the Beamz website located at http://www.thebeamz.com, or by calling (888)
724-7380.
6. Disclaimer. Your download, installation and use of the Software, the Confidential Information and
the Support Services are done at Your own risk. Beamz does not make, nor has Beamz made, any
representations or warranties of any kind or nature (whether direct or indirect, whether oral or in written, or
whether express or implied) to You with respect to the Software, the Confidential Information, the Support
Services or any other goods or services provided or to be provided under or in connection with this License.
Accordingly, Beamz expressly disclaims any and all express warranties, implied warranties (including, without
limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing,
title, non-infringement, quality, and performance), and warranties arising from conduct, course of dealing,
custom and usage in trade. Beamz has made no affirmation of fact or promise relating to the Software, the
Confidential Information, the Support Services or any other goods or services provided or to be provided
under or in connection with this License that has become any basis of this bargain. There are no warranties
(express, implied or other) that extend beyond the description on the face of this License; the Software, the
Confidential Information, the Support Services and any other goods and services provided or to be provided
under or in connection with this License are provided on anas is” basis.
7. General Release and Waiver. You expressly, irrevocably and unconditionally waive, release and
discharge Beamz and Beamz’s officers, directors, owners, partners, agents, employees, affiliates, successors
and assigns from any and all liabilities, claims, suits, demands, actions, judgments, losses and damages
(including, without limitation, direct, indirect, punitive and special damages, costs, attorneys’ fees, lost profits,
lost business opportunities, and insurance expenses) whatsoever which You or any third party have or may
have against them for indemnification, damage to personal property, breach of or interference with a third-
party warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, invasion
of the right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity,
fraud, misrepresentation, discrimination, indemnification, reimbursement and/or any other legal theory arising
from or in connection with the Software, the Confidential Information, the Support Services or any other
goods or services provided or to be provided under or in connection with this License.
8. Limitation of Liability. In no event shall Beamz or Beamz’s officers, directors, owners, partners,
agents, employees, representatives, affiliates, successors or assigns be liable to (or be obligated to indemnify)
You or any third party for any indirect, punitive or special damages, costs, attorneys’ fees, lost progits, lost
business opportunities or insurance expenses for or in connection with any claim of breach of contract, breach
of warranty, indemnification, damage to personal property, breach of or interference with a third-party
warranty or contract, negligence, recklessness, products liability, criminal liability, infringement, invasion of the
right of privacy, violation of the right of publicity, defamation, disparagement, indecency, obscenity, fraud,
misrepresentation, discrimination, indemnification, reimbursement and/or any other legal theory arising from or
in connection with the Software, the Confidential Information, the Support Services or any other goods or