User`s guide
79
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOUND GUY OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, 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, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF
THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF THE SOUND GUY OR ANY SUPPLIER, AND EVEN IF THE SOUND GUY OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 THE SOUND GUY and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all of the foregoing shall be, at THE
SOUND GUY's option, either (a) return of the purchase price or (b) the right to re-download the
software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum
extent permitted by applicable law, even if any remedy fails its essential purpose.
This Disclaimer of Warranty and Limited Warranty is governed by the laws of the State of
California.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The
Rights in Technical Data and Computer Software clause at 252.227-7013.
Contractor/manufacturer is The Sound Guy, Inc.
Should you have any questions concerning this Agreement, or if you desire to contact The Sound
Guy, Inc. for any reason, please e-mail sfx@sfxmachine.com.