LICENSE DEFINITIONS:
"Materials" are defined as the software, hardware, documentation and other materials, including any updates and upgrade thereto, that are provided to you under this Agreement.
COPYRIGHT:
Title to the Materials and all copies thereof remain with Temperature Scan or its suppliers. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove any copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Temperature Scan does not grant any express or implied right to you under Temperature Scan patents, copyrights, trademarks, or trade secret information.
WARRANTY DISCLAIMER:
NO WARRANTY AND LIMITED REPLACEMENT: THE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. Since Temperature Scan leverages third party hardware, if the hardware is found to be defective all warranty is subject to the associated manufacturers specified warranty. Your exclusive remedy shall be in accordance with the manufacturers stated warranty. Temperature Scan expressly disclaims all other warranties, express or implied.
LIMITATION OF LIABILITY; INDEMNITY
THE ABOVE REPLACEMENT PROVISION IS THE ONLY WARRANTY OF ANY KIND. TEMPERATURE SCAN OFFERS NO OTHER WARRANTY EITHER EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD- PARTY INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER TEMPERATURE SCAN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TEMPERATURE SCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You waive and shall not assert any claims or allegations of any nature whatsoever against Temperature Scan, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees arising out of or in any way relating to your use of Temperature Scan, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the application, or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the System. You use the System at your own risk. Temperature Scan shall not be liable for any damages that result from mistakes, errors, omissions, interruptions, deletion of data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Temperature Scan records, programs or Services. In no event shall the aggregate liability of Temperature Scan system, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the System exceed any compensation paid by you for the Temperature Scan system.
UNAUTHORIZED USE
THE MATERIALS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). IT IS ALSO NOT INTENDED FOR USE IN RELATION TO WEAPONS SYSTEMS, NUCLEAR SYSTEMS, OR OTHER HAZARDOUS SUBSTANCE IMPLEMENTATIONS. Should the buyer purchase or use Temperature Scan for any such unintended or unauthorized use, the buyer shall indemnify and hold Temperature Scan and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Temperature Scan was negligent regarding the design or manufacture of the part / system.