Legal - Archion Technologies

Warranty/Copyright/Trademarks

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Archion, Inc.

Trademarks

Archion and Archion EditStor EO logos are all registered trademarks of Archion, Inc. Windows, Microsoft and Apple are registered trademarks in the United States and other countries. Pentium and Intel are registered trademarks in the United States and other countries. All other trademarks herein are property of their respective owners.

Disclaimer

ARCHION TECHNOLOGIES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ARCHION BE FINANCIALLY/LEGALLY RESPONSIBLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY, WHETHER CONTRACT TORT OR ANY OTHER BASIS FOR ANY ISSUES THAT MAY ARISE IN THE COMPANY’S TECHNOLOGY SYSTEM THAT OCCUR DURING OR AFTER ALL SERVICES RENDERED BY ARCHION REPRESENTATIVES AND ITS SUPPLIERS, UNLESS EVIDENCE IS PRESENT PROVING NEGLIGENCE ON BEHALF OF ARCHION. (DETERMINATION OF PROOF/EVIDENCE WILL BE EVALUATED BY ARCHION AND IF NEEDED, A THIRD PARTY LEGAL REPRESENTATIVE). EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ARCHION’S NEGLIGENCE OR FRAUD, OR OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR RESTRICTED. ARCHION AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, BUSINESS DAMAGE, DAMAGES THAT ARE NOT REASONABLY FORESEEABLE, OR ANY OTHER LOSS OR DAMAGES INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR POSSESSION OF THE PRODUCTS BY THE CUSTOMER. PRODUCTS THAT HAVE BEEN DAMAGED THROUGH NEGLIENCE, ACCIDENT, ABUSE, MISAPPLICATION, MODIFICATION, MISUSE OF THE PURCAHSER OR ITS AGENTS OR DAMAGED THROUGH SERIVICES, UPGRADES, CHANGE VERSION OR EXPANSIONS PERFORMED BY NOT AN ARCHION REPRESENTATIVE OR ARCHION AUTHORIZED SERVICE PROVIDER WlLL BE, AT PURCHASHER’S DISCRETION, REPLACED AT PURCHASER’S COST OR RETURNED TO PURCHASER UN-REPAIRED, FREIGHT COLLECT. ANY PARTS OR PRODUCT REPLACED UNDER THlS LIMITED WARRANTY WlLL BECOME THE PROPERTY OF ARCHION.

USER SHALL NOT, WITHOUT PRIOR APPROVAL OF ARCHION, USE FOR USER’S OWN BENEFIT, PUBLISH, COPY, OR OTHERWISE DISCLOSE TO OTHERS, OR PERMIT THE USE BY OTHERS FOR THEIR BENEFIT OR THE DETRIMENT OF ARCHION, ANY CONFIDENTIAL INFORMATION. IN ADDITION, USER SHALL NOT OPEN, MODIFY, TRANSLATE THE UNIT, PERFORM REVERSE ENGINEERING, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE, UNDERLYING IDEAS, UNDERLYING USER INTERFACE TECHNIQUES OR ALGORITHMS OF THE PRODUCT BY ANY MEANS WHATSOEVER, DIRECTLY OR INDIRECTLY, OR DISCLOSE ANY OF THE FOREGOING.

Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Interpretation of Sections 15 and 16. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.