Specifications

© 2015 Digital Monitoring Products
fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of
results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software
Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
9. Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by applicable law, in no event shall DMP or its authorized
representatives be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits or confidential or other information, for
business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of
good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever)
arising out of or in any way related to the use of or inability to use the Software Product, the provision
of or failure to provide Support Services, or otherwise under or in connection with any provision of
this SPLA, even in the event of the fault, tort (including negligence), strict liability, breach of contract
or breach of warranty of DMP or any authorized representative, and even if DMP or its authorized
representative has been advised of the possibility of such damages.
10. Limitation of Liability and Remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages), the entire liability of DMP
or any of its authorized representatives under any provision of this SPLA and your exclusive remedy
for all of the foregoing (except for any remedy of repair or replacement elected by DMP with respect to
any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you
for the Software Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers described
above shall apply to the maximum extent permitted by applicable law, even if any remedy fails its
essential purpose.
11. Survival
All representations, warranties, Sections, 5, 6, 7, 8, 9, 10 and 11 in this SPLA shall survive the
termination of this SPLA.
12. General
You agree that this is the complete and exclusive statement of the Agreement among you and DMP
and your Provider (if other than DMP), which supersedes all proposals, oral or written, and all other
communications relating to the subject matter of this Agreement.
If any of the provisions, or portion thereof, of this Agreement are invalid under any applicable statute
or rule of law, they are to that extent to be deemed omitted.
This Agreement shall be governed by the laws of the State of Missouri.