User's Manual

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.