User's Manual

4
4. WARRANTY DISCLAIMER: THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, SOMA DOES
NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR
THE RESULTS OF THE USE, OF THE PRODUCT OR WRITTEN MATERIALS IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOUR SERVICE PROVIDER MAY
PROVIDE FURTHER WARRANTY COVERAGE FOR YOU.
5. LIMITATION ON REMEDIES AND DAMAGES: SOMA SHALL NOT BE RESPONSIBLE OR LIABLE
UNDER ANY CIRCUMSTANCE WITH RESPECT TO ANY SUBJECT MATTER OF THIS ENDUSER
PRODUCT LICENSE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY: (A) FOR LOSS OR INACCURACY OF RECORDS OR DATA OR (EXCEPT FOR
RETURN OF AMOUNTS PAID TO SOMA THEREFOR) COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF SAVINGS, (C) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, OR (D)
FOR ANY MATTER BEYOND THE REASONABLE CONTROL OF SOMA EVEN IF SOMA AND / OR
ITS SUPPLIERS IS/ARE INFORMED OF THEIR RESPONSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. UPDATES TO SOFTWARE and TRANSMISSION OF PERSONAL DATA: You consent to receive and
employ updates to Software, without requiring further notice to you, that may occur from time to time, as may be
necessary, as determined at the sole discretion of SOMA and/or your service provider, for the use of Product by
you and for the efficient utilization of services as may be purchased or subscribed to by you from your service
provider. You also agree to the application of the terms of this Agreement to any and all such updates. You accept
and acknowledge that Software shall be able to transmit such data as is authorized by your service provider in
order to allow for the utilization of services subscribed or purchased by you in order to allow for the billing of such
services or as may be necessary by law.
7. MISCELLANEOUS: This Agreement and the License provided by this Agreement are not assignable or
transferable by you without the prior written consent of SOMA. Any attempt by you to do so shall be void and
void this License. Any notice, report, approval or consent required or permitted hereunder shall be in writing. If
any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent necessary so this Agreement shall
otherwise remain in full force and effect and enforceable. This Agreement shall be construed pursuant to the laws
of the United States of America and the State of California and without regard to conflicts of laws principles
thereof. If successful in any action to enforce this Agreement, SOMA shall be entitled to recover costs and
expenses including, without limitation, attorney's fees. The parties agree that a material breach of this Agreement
would cause irreparable injury to SOMA, or its suppliers, for which monetary damages would be an adequate
equitable relief and SOMA shall be entitled to any other remedies it may have available hereunder or at law. Both
parties agree that this Agreement is the complete and exclusive statement of mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements and communications relating to the subject
matter of this Agreement. BOTH YOU AND SOMA AGREE AND ACKNOWLEDGE THAT SOMA
RESERVES THE RIGHT TO AMEND THE TERMS AND CONDITIONS OF THIS AGREEMENT
WITHOUT FURTHER NOTICE TO YOU OTHER THAN PROVIDING TO YOU THE AMENDED
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE AMENDED
TERMS AND CONDITIONS AS PROVIDED TO YOU BY SOMA, THIS LICENSE SHALL
TERMINATE IMMEDIATELY. ALL USE OF THE SOFTWARE AND ANY SERVICES SUPPORTED BY
THE PRODUCT AND SOFTWARE MAY CEASE OR BE CAUSED TO BE CEASED WITHOUT ANY
LIABILITY TO YOU BY SOMA AND YOU SHALL RETURN ALL PRODUCT HARDWARE, MANUALS,
DOCUMENTATION OF ANY KIND ACCOMPANYING SOFTWARE TO THE PLACE WHERE YOU
FIRST OBTAINED SUCH HARDWARE, MANUALS, DOCUMENTATION AND SOFTWARE.
sp3.book Page 4 Thursday, July 22, 2004 3:21 PM