Motion Research Corporation MCMSUV1 User Manual
page 27
SportVue
(i) use of the Software in a manner inconsistent with any of Your obligations set out in sections 3, 4, 5, 7, and 8 of this
Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by MRC in the
SportVue MC1 Operating Manual applicable to the specific type and version of the Software; or (ii) a malfunction or
other problem related to any hardware, network, software or communication system other than the SportVue System
Software; or (iii) to any external causes affecting the Software, including the media upon which the Software is
provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors
attributable to software other than the Software. The Software may include Cypress Semiconductor Corp. (“Cypress”)
and Microchip Technology, Inc. (“Microchip”) source and object code. Any such code is provided to You “AS IS” and
at no charge with no representations, warranties or conditions either express or implied, including without limitation any
warranties or conditions of merchantability, quality, performance, fitness for a particular purpose, durability, title or
non-infringement. In no event shall either MRC or Cypress and/or Microchip be liable to You for any damages
whatsoever, including without limitation any direct, indirect, consequential, punitive, exemplary damages, arising out of
in relation to the provision of the Cypress and/or Microchip code as part of the Software, its performance or lack of
performance, even if MRC or Cypress and/or Microchip has been advised of the possibility of such damages. You
acknowledge that this limitation and exclusion is reasonable given that this code is provided at no charge. This
paragraph sets out Your sole remedies in respect of the Software and any breach of the warranty set out herein.
13. Limitation of Liability.
The only type of damages that can be recovered against MRC arising from or related to this Agreement including
without limitation in relation to the provision, use, performance or non-performance of the SportVue System or any
portion thereof, shall be Your direct damages, if any, and without expanding on the specific remedies set out in Section
12 above (i) in no event shall the aggregate liability of MRC exceed the amount paid by You for the SportVue MC1
Product(s), and/or for that portion of the Software (as the case may be) that gave rise to the claim, and (ii) MRC shall
only be liable for damages incurred during the period of such failure, delay or nonperformance of the SportVue System.
MRC SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH
YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF ANY SERVICE OR
PRODUCT.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL MRC BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR
REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS
OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY
APPLICATIONS USED IN CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE
OF THE SPORTVUE SYSTEM, OR ANY ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS,
FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER PECUNIARY LOSS ARISING OUT OF OR
RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR
UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE
OR ANY THIRD PARTY SOFTWARE, EVEN IF MRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
MRC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE AND ANY OTHER IMPLIED WARRANTY OR CONDITION ARISING BY
STATUTE OR CUSTOM OR USAGE OF TRADE RELATED TO THE SERVICES AND THE SPORTVUE
SYSTEM OR ANY PORTION THEREOF. The limited warranties set out in the Agreement give You specific legal
rights. You may also have other rights that vary by state or province. Some jurisdictions may not allow the exclusion
or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions
relating to the Software to the extent they cannot be excluded as set out above are limited to 90 days from the date You
first installed any portion of the SportVue System for your use.
Agreement or in a manner inconsistent with the instructions, including the safety instructions, specified by MRC in the
SportVue MC1 Operating Manual applicable to the specific type and version of the Software; or (ii) a malfunction or
other problem related to any hardware, network, software or communication system other than the SportVue System
Software; or (iii) to any external causes affecting the Software, including the media upon which the Software is
provided, such as accident, disaster, electrostatic discharge, fire, flood, lightning, water or wind, or correction of errors
attributable to software other than the Software. The Software may include Cypress Semiconductor Corp. (“Cypress”)
and Microchip Technology, Inc. (“Microchip”) source and object code. Any such code is provided to You “AS IS” and
at no charge with no representations, warranties or conditions either express or implied, including without limitation any
warranties or conditions of merchantability, quality, performance, fitness for a particular purpose, durability, title or
non-infringement. In no event shall either MRC or Cypress and/or Microchip be liable to You for any damages
whatsoever, including without limitation any direct, indirect, consequential, punitive, exemplary damages, arising out of
in relation to the provision of the Cypress and/or Microchip code as part of the Software, its performance or lack of
performance, even if MRC or Cypress and/or Microchip has been advised of the possibility of such damages. You
acknowledge that this limitation and exclusion is reasonable given that this code is provided at no charge. This
paragraph sets out Your sole remedies in respect of the Software and any breach of the warranty set out herein.
13. Limitation of Liability.
The only type of damages that can be recovered against MRC arising from or related to this Agreement including
without limitation in relation to the provision, use, performance or non-performance of the SportVue System or any
portion thereof, shall be Your direct damages, if any, and without expanding on the specific remedies set out in Section
12 above (i) in no event shall the aggregate liability of MRC exceed the amount paid by You for the SportVue MC1
Product(s), and/or for that portion of the Software (as the case may be) that gave rise to the claim, and (ii) MRC shall
only be liable for damages incurred during the period of such failure, delay or nonperformance of the SportVue System.
MRC SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH
YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF ANY SERVICE OR
PRODUCT.
EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL MRC BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR
REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS
OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS ASSOCIATED WITH ANY
APPLICATIONS USED IN CONJUNCTION WITH THE SOFTWARE, DOWNTIME COSTS, LOSS OF THE USE
OF THE SPORTVUE SYSTEM, OR ANY ASSOCIATED PRODUCTS, COST OF SUBSTITUTE GOODS,
FACILITIES, OR SERVICES, COST OF CAPITAL, OR OTHER PECUNIARY LOSS ARISING OUT OF OR
RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR
UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SOFTWARE
OR ANY THIRD PARTY SOFTWARE, EVEN IF MRC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
MRC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, TITLE AND ANY OTHER IMPLIED WARRANTY OR CONDITION ARISING BY
STATUTE OR CUSTOM OR USAGE OF TRADE RELATED TO THE SERVICES AND THE SPORTVUE
SYSTEM OR ANY PORTION THEREOF. The limited warranties set out in the Agreement give You specific legal
rights. You may also have other rights that vary by state or province. Some jurisdictions may not allow the exclusion
or limitation of implied warranties and conditions. To the extent permitted by law, any implied warranties or conditions
relating to the Software to the extent they cannot be excluded as set out above are limited to 90 days from the date You
first installed any portion of the SportVue System for your use.