User guide

Beamz® User Manual
40
bargain. There are no warranties (express, implied or other) that extend beyond the description on the face of
this License; the Song and any other goods and services provided or to be provided under or in connection
with this License are provided on anas is” basis.
5. 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 Song, the Confidential Information or any other goods or services provided or
to be provided under or in connection with this License.
6. 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 Song or any other goods or services provided or to be provided under or in connection
with this License.
7. Representations and Warranties. You represent and warrant to Beamz that: (a) You are a
natural person; (b) You have read this License in its entirety; (c) You have the full right and authority to enter
into and abide by the terms and conditions of this License in its entirety; (d) and You voluntarily accept and
agree to the terms and conditions of this License in its entirety.
8. Miscellaneous.
8.1 No Assignment or Delegation. You shall not assign, delegate or otherwise transfer any of
Your rights or obligations under this Agreement without Beamz’s prior written consent. Any
purported transfer without such prior written consent shall be void. Beamz shall have the
unencumbered and unlimited right to freely assign, delegate and otherwise transfer any of its rights and
obligations under this Agreement.
8.2 Waiver of Rights. A party’s delay or failure to exercise a right or remedy available
hereunder shall not constitute a waiver of such right or remedy. Any waiver of any rights or remedies
of Beamz must be in a writing signed by Beamz.
8.3 Headings. Headings are inserted for reference and convenience only and in no way define,
limit or describe the scope or intent of this License.