CoachComm X SYSTEM - Page 92

OPERATING MANUAL
800.749.2761 www.coachcomm.com
86
Severability
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights
hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude
further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so
that this EULA shall otherwise remain in full force and effect and enforceable.
Disclaimer of Warranties
The user acknowledges and agrees that X-Ware is provided on an “as is” and “as available” basis, and that the user’s
use of or reliance upon the application and any third party content and services accessed thereby is at your sole risk and
discretion. CoachComm and its afliates, partners, supplies, and licensors hereby disclaim any and all representations,
warranties, and guaranties regarding X-Ware and third party content and services, whether express, implied, or statutory,
and including without limitation, the implied warranties of merchantability, tness for a particular purpose, and non-
infringement. Furthermore, CoachComm and its afliates, partners, suppliers, and licensors make no warranty that i) the
application or third party content and services will meet your requirements; ii) X-Ware or third party content and services
will be uninterrupted, accurate, reliable, timely, secure, or error-free; iii) the quality of any products, services, information,
or other material accessed or obtained by you through X-Ware will be as represented or meet your expectations; or iv) any
errors in X-Ware or third party content and services will be corrected.
Limitation of Liability
Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of prots, income,
savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort,
warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply
regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to
Licensee, or any other person or entity claiming through Licensee, exceed the nancial amount actually paid by Licensee to
Company for the Software.