FLEX-6000 Signature Series – Maestro User Guide
Copyright 2024 FlexRadio, Inc. All Rights Reserved. | Page 200
a failure in a third party’s or your network infrastructure or (ii) scheduled updates, upgrades or
maintenance.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FLEXRADIO, INC., FLEXRADIO, INC. MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS
SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE
SOFTWARE PRODUCT.
FlexRadio, Inc. makes no warranty that the Software Product will meet your requirements or operate under
your specific conditions of use. FlexRadio, Inc. makes no warranty that the operation of the Software
Product will be secure, error-free, or free from interruption. YOU MUST DETERMINE WHETHER THE
SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE
TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. FLEXRADIO, INC. WILL NOT,
UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER,
CONNECTED HARDWARE OR INFORMATION STORAGE DEVICE.
High-Risk Activities. The Software Product is not fault-tolerant and is not designed, manufactured, or
intended for use or resale in hazardous environments requiring fail-safe performance, including without
limitation the operation of nuclear facilities, aircraft navigation or communication systems, air traffic
control, life support, ambulance, or search and rescue, in which the failure of the Software Product could
lead directly to death, personal injury, or severe physical or environmental damage. FlexRadio, Inc. and its
suppliers specifically disclaim any express or implied warranty or liability for such activities.
UNDER NO CIRCUMSTANCES SHALL FLEXRADIO, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE,
OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS)
RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION,
SUPPORT OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF
WARRANTY, OR THE NEGLIGENCE OF FLEXRADIO, INC. OR ANY OTHER PARTY, EVEN IF FLEXRADIO, INC. IS
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE
JURISDICTION LIMITS FLEXRADIO, INC. ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER
SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction
or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the
discretion of FlexRadio, Inc.. FlexRadio, Inc. reserves the right to substitute a functionally equivalent copy
of the Software Product as a replacement. If FlexRadio, Inc. is unable to provide a replacement or substitute
Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of
the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising
under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper
installation, or damage determined by FlexRadio, Inc. to have been caused by you. All limited warranties on
the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold
To Next Page
Loading...
Need help?
General
