Your use of Lifesavers Network software or hardware products is based on the software license and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the software license that accompanies the product at the time of purchase may differ from the version of the license you can review here. Be certain to read the applicable terms carefully before you install the software or use the product.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Lifesavers Network, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Lifesavers Network products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Lifesavers Network for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Lifesavers Network reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Lifesavers Network server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Lifesavers Network, including any Lifesavers Network account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Lifesavers Network’s systems or networks, or any systems or networks connected to the Site or to Lifesavers Network.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Lifesavers Network on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Purchases; Other Terms and Conditions
Lifesavers Network’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Lifesavers Network may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Lifesavers Network makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Guidelines for Using Lifesavers Trademarks & Copyrights
- Software License Information
- Rights and Permissions
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Lifesavers Network ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Lifesavers Network immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Lifesavers Network or any other user of or visitor to the Site due to someone else using your Lifesavers Network ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Lifesavers Network ID, password or account at any time without the express permission and consent of the holder of that Lifesavers Network ID, password or account. Lifesavers Network cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Lifesavers Network Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Lifesavers Network’s control, and Lifesavers Network is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
LIFESAVERS NETWORK DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LIFESAVERS NETWORK CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LIFESAVERS NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIFESAVERS NETWORK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LIFESAVERS NETWORK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LIFESAVERS NETWORK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Lifesavers Network reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Lifesavers Network be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Lifesavers Network has been advised of the possibility of such damages.
You agree to indemnify and hold Lifesavers Network, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Lifesavers Network by any third party due to or arising out of or in connection with your use of the Site.
Lifesavers Network may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Lifesavers Network’s rights or property, or the rights or property of visitors to or users of the Site, including Lifesavers Network’s customers. Lifesavers Network reserves the right at all times to disclose any information that Lifesavers Network deems necessary to comply with any applicable law, regulation, legal process or governmental request. Lifesavers Network also may disclose your information when Lifesavers Network determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Lifesavers Network may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Lifesavers Network and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Lifesavers Network administers and operates the www.lifesaversnetwork.com Site from its location in Cupertino, California USA; other Lifesavers Network sites may be administered and operated from various locations outside the United States.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Lifesavers Network reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Lifesavers Network provides access to Lifesavers Network international data and, therefore, may contain references or cross references to Lifesavers Network products, programs and services that are not announced in your country. Such reference does not imply that Lifesavers Network in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Lifesavers Network shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright ©2017 Lifesavers Network Inc. All rights reserved.
c/o Digipowers, Inc.
333 Broadway, 3rd Floor
San Francisco, CA 94133
Software License Information
LIFESAVERS NETWORK INC. iWORK SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE LIFESAVERS NETWORK SOFTWARE. BY USING THE LIFESAVERS NETWORK SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE LIFESAVERS NETWORK SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE LIFESAVERS NETWORK SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK “DISAGREE/DECLINE”. FOR LIFESAVERS NETWORK SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
The software (including all content), documentation and any fonts accompanying the software (if any), whether on disk, in read only memory, on any other media or in any other form (collectively the “Lifesavers Network Software”) is licensed, not sold, to you by Lifesavers Network Inc. (“Lifesavers Network”) for use only under the terms of this License, and Lifesavers Network reserves all rights not expressly granted to you. You own the media on which the Lifesavers Network Software is recorded but Lifesavers Network and/or Lifesavers Network’s licensor(s) retain ownership of the Lifesavers Network Software itself. The terms of this License will govern any software upgrades provided by Lifesavers Network that replace and/or supplement the original Lifesavers Network Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
- Training Center (known as a “WORK”) Single User License. This License allows you to install and use one copy of the Lifesavers Network Software (whether trial or full version) on a single Lifesavers Network-labeled computer at a time. This License does not allow the Lifesavers Network Software to exist on more than one computer at a time, and you may not make the Lifesavers Network Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Lifesavers Network Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
- iWork Pack License. This License allows you to install and use one copy of the Lifesavers Network Software on up to a maximum of five (5) Lifesavers Network-labeled computers at a time as long as those computers are located in the same household and used by persons who occupy that same household. By “household” we mean a person or persons who share the same housing unit such as a home, apartment, mobile home or condominium, but shall also extend to student members who are primary residents of that household but residing at a separate on-campus location. The Family Pack License does not extend to business or commercial users. You may not make the Lifesavers Network Software available over a network.
- Volume or Maintenance License. If you obtained the Lifesavers Network Software under a volume or maintenance license program with Lifesavers Network, the terms of your volume or maintenance license will determine the number of copies of the Lifesavers Network Software you are permitted to download, install, use and run on Lifesavers Network-branded computers you own or control. Except as agreed to in writing by Lifesavers Network, all other terms and conditions of this License shall apply to your use of the Lifesavers Network Software obtained under a volume or maintenance license.
- You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Lifesavers Network Software or any services provided by the Lifesavers Network Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of Open-Sourced Components included with the Lifesavers Network Software). Any attempt to do so is a violation of the rights of Lifesavers Network and its licensors of the Lifesavers Network Software. If you breach this restriction, you may be subject to prosecution and damages.
- Lifesavers Network has provided, as part of the Lifesavers Network Software, access to certain third party software or services as a convenience. To the extent that the Lifesavers Network Software contains, or provides access to, any third party software or services, Lifesavers Network has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/ or products.
- Any financial or health information displayed by the Lifesavers Network Software is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial or medical advice. You are solely responsible for the financial or health decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial or medical professional as appropriate. Neither Lifesavers Network nor any of its licensors guarantees the accuracy, completeness, or timeliness of financial or health information appearing within the Lifesavers Network Software or that desired results will be obtained.
- You may not rent, lease, lend, redistribute or sublicense the Lifesavers Network Software. You may, however, make a one-time permanent transfer of all of your license rights to the Lifesavers Network Software (in its original form as provided by Lifesavers Network) to another party, provided that: (a) the transfer must include all of the Lifesavers Network Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Lifesavers Network Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Lifesavers Network Software reads and agrees to accept the terms and conditions of this License.
- If an Lifesavers Network Software update completely replaces (full install) a previously licensed version of the Lifesavers Network Software, you may not use both versions of the Lifesavers Network Software at the same time nor may you transfer them separately.
- You may not transfer any Lifesavers Network Software that has been modified pursuant to Section 13 (Third Party Acknowledgements) below. All components of the Lifesavers Network Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Lifesavers Network Software provided with a particular Lifesavers Network-branded hardware product might not run on other models of Lifesavers Network-branded hardware.
- Any copy of the Lifesavers Network Software that may be provided by Lifesavers Network for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
4. Consent to Use of Data.
- You agree that Lifesavers Network and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Lifesavers Network Software, and to verify compliance with the terms of this License. Lifesavers Network may use this information, as long as it is in a form that does not personally identify you, to provide and improve Lifesavers Network’s products and services.
5. Services and Third Party Materials.
- The Lifesavers Network Software may enable access to Lifesavers Network and third party services and web sites (collectively and individually, “Services”). Such services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Lifesavers Network ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Lifesavers Network ID or other Lifesavers Network account, you agree to the applicable terms of service for that account.
- You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Lifesavers Network shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Lifesavers Network is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Lifesavers Network, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
- You agree that the Services contain proprietary content, information and material that is owned by Lifesavers Network and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Lifesavers Network. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Lifesavers Network is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
- In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Lifesavers Network Software are not available in all languages or in all countries. Lifesavers Network makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Lifesavers Network and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Lifesavers Network be liable for the removal of or disabling of access to any such Services. Lifesavers Network may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You acknowledge that neither Lifesavers Network or its licensors has an express or implied obligation to provide, or continue to provide, the Services now or in the future.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Lifesavers Network if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Lifesavers Network Software and destroy all copies, full or partial, of the Lifesavers Network Software. Sections 2D, 3, 4, 5, 6, 7, 8, 9, 11 and 12 of this License shall survive any such termination.
7. Disclaimer of Warranties.
- If you are a customer who is a consumer (someone who uses the Lifesavers Network Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE LIFESAVERS NETWORK SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIFESAVERS NETWORK SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIFESAVERS NETWORK AND LIFESAVERS NETWORK’S LICENSORS (COLLECTIVELY REFERRED TO AS “LIFESAVERS NETWORK” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LIFESAVERS NETWORK SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
- LIFESAVERS NETWORK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LIFESAVERS NETWORK SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE LIFESAVERS NETWORK SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LIFESAVERS NETWORK SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE LIFESAVERS NETWORK SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE LIFESAVERS NETWORK SOFTWARE OR SERVICES WILL BE CORRECTED.
- YOU FURTHER ACKNOWLEDGE THAT THE LIFESAVERS NETWORK SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE LIFESAVERS NETWORK SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIFESAVERS NETWORK OR AN LIFESAVERS NETWORK AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LIFESAVERS NETWORK SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LIFESAVERS NETWORK BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LIFESAVERS NETWORK SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LIFESAVERS NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Lifesavers Network’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control.
You may not use or otherwise export or re export the Lifesavers Network Software except as authorized by United States law and the laws of the jurisdiction in which the Lifesavers Network Software was obtained. In particular, but without limitation, the Lifesavers Network Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Lifesavers Network Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Lifesavers Network Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
10. Government End Users.
The Lifesavers Network Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language.
This License constitutes the entire agreement between you and Lifesavers Network relating to the Lifesavers Network Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Lifesavers Network. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Third Party Acknowledgements.
Certain components of the Lifesavers Network Software, and third party open source programs included with the Lifesavers Network Software, may be made available by Lifesavers Network on its open source website (http://www.opensource.Lifesavers Network.com) (“Open Source Components”). Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Lifesavers Network Software. Please refer to the electronic documentation since you may have additional rights in the Open Source Components. You expressly acknowledge that if failure or damage to Lifesavers Network hardware results from modification of the Open Source Components of the Lifesavers Network Software, such failure or damage is excluded from the terms of the Lifesavers Network hardware warranty.