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Page 88 Pulse

Smartpen User Manual

EXTENT PERMITTED BY APPLICABLE LAW, THE LIVESCRIBE DESKTOP SOFTWARE,

PULSE SMARTPEN, PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH ALL

FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIVESCRIBE AND LIVESCRIBE'S

LICENSORS (COLLECTIVELY REFERRED TO AS "LIVESCRIBE") HEREBY DISCLAIM ALL

OTHER WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR

PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD

PARTY RIGHTS. LIVESCRIBE DOES NOT WARRANT AGAINST INTERFERENCE WITH

YOUR ENJOYMENT OF THE LIVESCRIBE DESKTOP SOFTWARE, PULSE SMARTPEN,

PRODUCTS OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE LIVESCRIBE

DESKTOP SOFTWARE, PULSE SMARTPEN, PRODUCTS OR SERVICES WILL MEET YOUR

REQUIREMENTS, THAT THE OPERATION OF THE LIVESCRIBE DESKTOP SOFTWARE,

PULSE SMARTPEN OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR

THAT DEFECTS IN THE LIVESCRIBE DESKTOP SOFTWARE, PULSE SMARTPEN OR

SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE

GIVEN BY LIVESCRIBE OR ANY LIVESCRIBE AUTHORIZED REPRESENTATIVE SHALL

CREATE A WARRANTY. SHOULD THE LIVESCRIBE DESKTOP SOFTWARE, PULSE

SMARTPEN, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF

ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT

SHALL LIVESCRIBE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,

INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF PROFITS, 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 LIVESCRIBE DESKTOP

SOFTWARE, PULSE SMARTPEN, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF

THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF

LIVESCRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event

shall Livescribe'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.

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Livescribe Pulse Bedienungsanleitung Seite 88