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Disclaimer: 1. LIMITATIONS OF LIGHTNING DATA. DUE TO THE INHERENT IDIOSYNCRASIES OF LIGHTNING AND OTHER RELATED NATURAL PHENOMENA, CLIENT ACKNOWLEDGES, WARRANTS AND REPRESENTS THAT THE LIGHTNING DATA WILL NOT BE RELIED ON, OR REFERENCE MADE TO, IN DETERMINING GEOGRAPHICAL AREAS THAT ARE, OR WILL BE, EITHER FREE FROM OR SUBJECT TO, LIGHTNING STROKES. KATTRON ASSUMES NO RESPONSIBILITY FOR, AND CLIENT RELEASES AND DISCHARGES KATTRON FROM ANY AND ALL LIABILITY, DIRECT OR INDIRECT, EXPRESSED OR IMPLIED, FOR PREDICTING OR REPORTING ACTUAL LIGHTNING STRIKES, OR ANY RESULTANT INJURY, DEATH OR DAMAGE TO ANY PERSON OR PROPERTY AS A RESULT OF ANY LIGHTNING STROKE. 2. Disclaimer of Warranty. KATTRON MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE LIGHTNING DATA STREAM OR LIGHTNING DATA. 3. Limitation of Liability. To the full extent permitted by the Commonwealth, State, Territory or other law or laws applicable to this Agreement, any conditions or warranties imposed by such legislation are hereby excluded. Insofar as liability under or pursuant to any legislation, whether of Commonwealth, State, Territory or other government, may not be excluded. Client agrees that KATTRON's total liability hereunder, including but not limited to, any alleged negligence of Kattron, shall not exceed the Fee paid by the Client to KATTRON for the Lightning Data Stream for three (3) months immediately preceding the occurrence giving rise to any claim by Client. IN NO EVENT WILL KATTRON BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT, OR LIABILITY TO THIRD PARTIES, HOWEVER CAUSED, WHETHER BY THE NEGLIGENCE OF KATTRON, OR OTHERWISE. 4. Indemnification. Client hereby agrees to indemnify, defend and hold harmless, KATTRON, their officers, employees and agents, or their successors, insurers or assigns, from and against any and all claims, demands, liabilities, or causes of action arising out of, resulting from, related to, or a consequence of, Client's use of the Lightning Data or the Lightning Data Stream. | ||
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Copyright Duskhail Pty Ltd (ACN 069 995 339 - ABN 28 069 995 339), 2001.
Copyright and Disclaimer information. | |||
| Document: disclaim.htm Updated: 8th Jan, 2001 |