Owner's Manual

EULA
8. Limitation of Liability
Nothing in this EULA and in particular within this "Limitation of Liability" clause shall
attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE
ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SUTRO BE LIABLE FOR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY
DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE
PRODUCT OR PRODUCT SOFTWARE, EVEN IF SUTRO KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES, AND (B) SUTRO’S TOTAL CUMULATIVE LIABILITY
ARISING FROM OR RELATED TO THE PRODUCT AND PRODUCT SOFTWARE, WHETHER
IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO
SUTRO OR SUTRO’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12
MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE
EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SUTRO DISCLAIMS ALL LIABILITY OF
ANY KIND OF SUTRO’S LICENSORS AND SUPPLIERS.
9. Limitation of Product Software
You acknowledge that the Product and Product Software are not certified for
emergency response. YOU UNDERSTAND THAT THE PRODUCT AND PRODUCT SOFTWARE
ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM -- SUTRO
MAY BUT IS NOT RESPONSIBLE FOR MONITORING COMMUNICATIONS FROM THE DEVICE
AND IS NOT RESPONSIBLE FOR DISPATCHING EMERGENCY AUTHORITIES TO YOUR HOME
IN THE EVENT OF A POTENTIAL EMERGENCY. In addition, any Sutro services cannot
be considered a lifesaving solution for people at risk in the home, and they are no
substitute for emergency services. All life threaten-ing and emergency events should
be directed to the appropriate response services.