User Guide

yellow tools INDEPENDENCE 1.0
Manual
153
5. Disclaimer of Warranty on Yellow Tools Software.
You expressly acknowledge and agree that use of the Software and sounds is at your sole risk.
The Software, related documentation and sounds are provided 'AS IS' and without warranty of
any kind and Yellow Tools and Yellow Tools' Licensor(s) (for the purposes of provisions 4 and
5, Yellow Tools and Yellow Tools' Licensor(s) shall be collectively referred to as 'Yellow Tools')
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YELLOW TOOLS DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
AND THE SOUNDS WILL BE CORRECTED. FURTHERMORE, YELLOW TOOLS DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SOFTWARE AND SOUNDS OR RELATED DOCUMENTATION IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YELLOW TOOLS OR A
YELLOW TOOLS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WITHOUT LIMITING
THE FOREGOING, YELLOW TOOLS DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES OF
ANY KIND, AND YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE
OR OPERATION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT YELLOW TOOLS OR A YELLOW
TOOLS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL YELLOW TOOLS
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED
DOCUMENTATION, EVEN IF YELLOW TOOLS OR A YELLOW TOOLS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Yellow Tools' total
liability to you for all damages, losses, and causes of action (whether in contract, tort (including
negligence) or otherwise) exceed that portion of the amount paid by you which is fairly attributable
to the Software and sounds.
7. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the laws of the Federal
Republic of Germany. If for any reason a court of competent jurisdiction finds any provision of this
License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to
the maximum extent permissible so as to effect the intent of the parties, and the remainder of this
License shall continue in full force and effect.