152 | End user license agreement |
version in order to use the Update and You may use the previous version for ninety (90) days after You receive the Update in order to assist You in the transition to the Update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.
6. Commencement & termination.
This Agreement is effective from the first date You use or install the Soft- ware. Your end user rights automatically and immediately terminate without notice from Licensor if You fail to comply with any provision of this Agreement. In such event, You must immediately delete, destroy or return at Your own cost and ex- pense, and without entitlement to any refund of the purchase price, the phone and the Software, and all related material to Licensor.
7.EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY FOR THE PHONE, YOU ACKNOWLEDGE THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED. TO THE MAXI- MUM EXTENT PERMITTED BY APPLI- CABLE LAW NEITHER LICENSOR, LICENSOR'S SOFTWARE SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPY- RIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY LICENSOR OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
8.NOT FAULT TOLERANT. THE SOFT- WARE MAY CONTAIN TECHNOLOY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRON- MENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD LEAD DIRECLTY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMEN- TAL DAMAGE OR FINANCIAL LOSS.
9.Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR LICEN- SOR'S SOFTWARE SUPPLIERS OR THEIR RESPECITVE AFFILIATES AND EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVIC- ES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSI- NESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC,