User Guide

192 – BuzzEdit
™
| Copyright © 2000 Buzz Tools
®
, Inc.
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT
OR ANY IMPLIED WARRANTIES OF
(b) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY
LICENSED PRODUCT. LICENSOR DOES NOT WARRANT THAT ANY
LICENSED PRODUCT WILL BE FREE FROM ERROR OR MEET
SPECIFIC REQUIREMENTS SUCH AS COMPATIBILITY, REVERSE
COMPATIBILITY, OR INTEROPERABILITY REQUIREMENTS.
LICENSEE ASSUMES FULL RESPONSIBILITY FOR DECISIONS MADE
OR ACTIONS TAKEN BASED ON INFORMATION OBTAINED USING
THE LICENSED PRODUCTS. UNDER NO CIRCUMSTANCES SHALL
LICENSOR BE RESPONSIBLE FOR INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN
APPRISED OF THE LIKELIHOOD OF SUCH DAMAGE OCCURRING. IN
NO EVENT SHALL LICENSOR’S LIABILITY TO ANY PARTY, INCLUDING
LICENSEE, EXCEED THE PURCHASE PRICE OR LICENSE FEE OF
THE RELEVANT LICENSED PRODUCT.
(b) Buzz Tools reserves the right to revise any Licensed Product, at any time,
without notification to Licensee or any other person.
9. AUDIT
If the Licensed Product is being used for commercial purposes Licensee shall
permit Licensor, upon reasonable notice (i.e.
, not less than three business
days), to conduct an audit of Licensee’s use of the Licensed Products to
determine compliance with the terms and conditions of this Agreement.
11. CHOICE OF LAW AND FORUM OF ANY DISPUTE
This Agreement shall be construed, interpreted, and governed by the laws of the
State of California without regard to conflicts of law provisions thereof. The
exclusive forum for any disputes arising out of or relating to this Agreement shall
be an appropriate federal or state court located in the County of Contra Costa,
the State of California, United States of America.
12. INTEGRATION
This Agreement sets forth the entire agreement and understanding between the
parties as to the subject matter hereof and merges all prior discussions between
them. Neither of the parties shall be bound by any warranties, understandings
or representations with respect to such subject matter other than as expressly
provided herein. Any waiver or modification of this Agreement shall only be
effective if it is in writing and signed by both parties hereto. If any part of this
Agreement is found invalid or unenforceable by a court of competent
jurisdiction, the remainder of the Agreement shall be interpreted so as to
reasonably effect the intention of the parties.