Disclaimer

Disclaimer of Warranties and Limitation of Liability

1.1 No Warranties: THE Xenialab SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; Xenialab DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Xenialab SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. Xenialab FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Xenialab SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Xenialab WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE Xenialab SOFTWARE.
1.2 Specific Disclaimer Of Liability For Emergency Services: EXCEPT AS PROVIDED FOR IN THE LIMITED CIRCUMSTANCES SET OUT IN PARAGRAPH 3.5 OF THE TERMS OF SERVICE, Xenialab DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE Xenialab SOFTWARE. YOU SHOULD BE AWARE THAT FURTHER DISCLAIMERS OF LIABILITY APPLY IN THE TERMS OF SERVICE, TO THE EXTENT THAT LIMITED EMERGENCY CALLING IS PROVIDED. Xenialab SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSS HAS BEEN NOTIFIED TO Xenialab) FOR ANY CLAIM, DAMAGE, OR LOSS, ARISING FROM OR RELATING TO:
(I) YOUR INABILITY TO USE THE Xenialab SOFTWARE TO CONTACT EMERGENCY SERVICES, OR
(II) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
1.3 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Xenialab Software remains with You, to the maximum extent permitted by law.
1.4 No Liability: The Xenialab Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT Xenialab, ITS AFFILIATES, ITS LICENSORS AND THE Xenialab STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Xenialab SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Xenialab SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH Xenialab SOFTWARE.
1.5 Limitation of Liability: IN NO EVENT SHALL Xenialab, ITS AFFILIATES, ITS LICENSORS OR THE Xenialab STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
1.5.1 ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Xenialab SOFTWARE; AND
1.5.2 ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE Xenialab SOFTWARE;
1.5.3 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(I) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE Xenialab SOFTWARE;
(II) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY Xenialab FOR ANY REASON; AND
(III) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE Xenialab SOFTWARE TO YOU.
1.6 THE LIMITATIONS ON Xenialab’S LIABILITY TO YOU IN PARAGRAPH 1.5 ABOVE SHALL APPLY WHETHER OR NOT Xenialab, ITS AFFILIATES OR THE Xenialab STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
1.7 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF Xenialab FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF Xenialab, THE Xenialab STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
1.8 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.

Privacy

Your Confidential Information and Your Privacy: Xenialab is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy sets out how Xenialab may use Your personal data, the traffic data and the content contained in Your communication(s). If You object to Your information being used in the way set out in the Privacy Policy then please do not use the Xenialab Software or the Products.