User's Manual

subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or has not
been used in accordance with litl's safety instructions, (d) is used in hazardous activities, or (e)
has been used on a litl Device that has been altered by any party other than litl or its authorized
agents. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, LITL AND ITS SUPPLIERS PROVIDE
THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, ALL WITH
REGARD TO THE SOFTWARE. Some states/jurisdictions do not allow exclusion of implied
warranties or limitations on the duration of implied warranties, so the above disclaimer may
not apply to you in its entirety.
9.
Limitation of Liability.
Notwithstanding any damages that you might incur, the entire
liability of litl and any of its suppliers under any provision of this EULA and your exclusive
remedy for all of the foregoing will be limited to the greater of the amount actually paid by
you for the Software, or $100, whichever is more. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LITL OR ITS SUPPLIERS
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 ARISING OUT
OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IF LITL OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
10.
U.S. Government Customers.
The Software and accompanying documentation are
"commercial computer Software" and "commercial computer Software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any
use, modification, reproduction release, performance, display or disclosure of the Software and
accompanying documentation by the U.S. Government will be governed solely by the terms of
this EULA and will be prohibited except to the extent expressly permitted by the terms of this
EULA.
11.
Compliance With Export Laws.
You represent that you are buying the litl Device for your
own internal use only, and not for resale or export. litl has separate requirements governing
resale and export of litl Device by third parties. Please contact litl if you have purchased this
litl Device in error and wish to review such terms. You must comply with all applicable laws
and regulations of the United States and other countries ("Export Laws") to assure that the
Software is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for
any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or
biological weapons proliferation. You may not download, export or re-export the Software: (i)
into, or to a national or resident of, any country to which the United States has embargoed
goods; or (ii) to anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you are representing and warranting that you are not
located in, under the control of, or a national or resident of, any such country or on any such
list.
12.
Capacity and Authority to Contract.
You represent that you are of the legal age of majority
in your state of residence and, if applicable, you are duly authorized by your employer to enter
into this contract.
13.
Miscellaneous.
This EULA is the entire agreement between you and litl relating to the
Software and supersedes all prior or contemporaneous oral or written communications,
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this EULA. This