Warranties and Licenses

Limited Warranty - The PIPE, Stubby PIPE and SuperMAX

Note: This Warranty applies to The PIPE, Stubby PIPE and SuperMAX. For other products (including SuperMAX accessories), see the General Product Warranty or the Lifetime Warranty.

Hardware

The PIPE (Version II, identified by serial numbers beginning with "A") is warranted to be free from defects in materials and workmanship for a period of five years from the date of original purchase. Batteries are warranted to maintain an adequate operating voltage level for a period of five years from the date of original purchase.

Stubby PIPE (identified by serial numbers beginning with "B") is warranted to be free from defects in materials and workmanship for a period of two years from the date of original purchase. Batteries are warranted to maintain an adequate operating voltage level for a period of two years from the date of original purchase.

SuperMAX is warranted to be free from defects in materials and workmanship for a period of five years from the date of original purchase. SuperMAX Batteries are warranted to maintain an adequate operating voltage level for a period of five years from the date of original purchase.

Manufacturer agrees to repair or, at manufacturer’s option, replace equipment supplied by manufacturer which proves to be defective in materials or workmanship. This warranty is limited to defects arising under normal usage and does not cover malfunctions or failures resulting from the misuse, abuse, neglect, alteration, modification, or repairs by other than manufacturer’s authorized service facility.

Software and/or Firmware

Title to software and/or firmware remains with manufacturer and is licensed to you for use with specific hardware. The software and/or firmware is warranted to conform to the written specifications provided by manufacturer. In the event of a warranty claim, manufacturer will provide corrective measures which are limited, at manufacturer’s option, to repair, replacement or modification of the software and/or firmware code, or recommendation of a viable, alternative application that will enable you to work around the failure.

To obtain warranty service during the warranty period, you must notify manufacturer of your claim and present proof of purchase.

REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE BUYER. THE LIMITED WARRANTY IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EXTENDS ONLY TO THE BUYER. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE EQUIPMENT OR SOFTWARE, REGARDLESS OF WHETHER MANUFACTURER IS ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limited Warranty - General Product Warranty

Note: This Warranty applies to products other than The PIPE, Stubby PIPE, SuperMAX, PrisonProof Button and ScanPoint RFID Wall-Mount Tag. For those products, refer to The PIPE, Stubby PIPE and SuperMAX Warranty or the Lifetime Warranty.

Hardware

The equipment is warranted to be free from defects in materials and workmanship for a period of one year from the date of original purchase. Manufacturer agrees to repair or, at manufacturer’s option, replace equipment supplied by manufacturer which proves to be defective in materials or workmanship. This warranty is limited to defects arising under normal usage and does not cover malfunctions or failures resulting from the misuse, abuse, neglect, alteration, modification, improper operation, improper maintenance, incorrect installation and/or repairs made by other than manufacturer’s authorized service facility.

Software and/or Firmware

Title to software and/or firmware remains with manufacturer and is licensed to you for use with specific hardware. The software and/or firmware is warranted to conform to the written specifications provided by manufacturer. In the event of a warranty claim, manufacturer will provide corrective measures which are limited, at manufacturer’s option, to the repair, replacement or modification of the software and/or firmware code, or recommendation of a viable, alternative application that will enable you to work around the failure.

To obtain warranty service during the warranty period, you must notify manufacturer of your claim and present proof of purchase.

REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE BUYER. THE LIMITED WARRANTY IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EXTENDS ONLY TO THE BUYER. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE EQUIPMENT OR SOFTWARE, REGARDLESS OF WHETHER MANUFACTURER IS ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limited Warranty - Lifetime Warranty

Note: This Warranty applies only to PrisonProof Buttons and ScanPoint RFID Wall-Mount Tags. For other products see the General Product Warranty or The PIPE, Stubby PIPE and SuperMAX Warranty.

Hardware

Covered equipment is warranted to be free from defects in materials and workmanship for the lifetime of the product, beginning from the date of original purchase. Manufacturer agrees to repair or, at manufacturer’s option, replace equipment supplied by the manufacturer which proves to be defective in materials or workmanship.

This Lifetime Limited Warranty applies only to the original purchaser and is limited to defects arising under normal usage. It does not cover malfunctions or failures resulting from misuse, abuse, neglect, accident, alteration, modification, improper operation, improper maintenance, incorrect installation, and/or repairs performed by anyone other than manufacturer’s authorized service facility.

For the purposes of this warranty, the term “lifetime” refers to the period during which the product is manufactured and supported by the manufacturer. If the product or any of its components are discontinued or become obsolete, the manufacturer reserves the right to fulfill warranty obligations with a comparable replacement product or component, or to issue a prorated credit or refund based on the original purchase price.

To obtain warranty service during the warranty period, you must notify manufacturer of your claim and present proof of purchase.

REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE BUYER. THE LIMITED WARRANTY IN THIS AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND EXTENDS ONLY TO THE BUYER. IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE EQUIPMENT OR SOFTWARE, REGARDLESS OF WHETHER MANUFACTURER IS ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

End-User License Agreement

  • Guard1 Real Time

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you ("you" or "Customer") and TimeKeeping Systems, Inc. ("TKS") for the TKS software accompanying this Agreement, which includes computer software and associated media and printed materials, and may include online or electronic documentation ("Software"), including, but not limited to, the software components described in this Agreement.

By installing, copying or using the Software, you agree to be bound by the terms of this Agreement.

OWNERSHIP. TKS is the owner of all right, title and interest in and to the Software, including all patent, copyright, trademark and trade secret rights in and to the Software.  The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and no ownership rights in the Software are transferred to you.

GRANT OF LICENSE: Subject to the other terms of this Agreement, TKS grants you a non-exclusive license to use the Software in object code form for your internal business purposes for each item of Software set forth below that accompanies this Agreement.

Guard1 Real Time Server

The Guard1 Real Time Server software comprises several discrete components including but not limited to:

Guard1 Real Time Application Manager

Guard1 Real Time Agent Service

Guard1 Real Time Pipe Downloader Service

Guard1 Real Time JMS Integration Service

You may install and use only one copy of each such component.  You may install and use each such component on at most one server. You must complete any required TKS software activation procedure for the Guard1 Real Time Server software, which will activate the server or servers on which such components are installed and used.

Guard1 Real Time Device Hub Service

You may install and use multiple copies of the Guard1 Real Time Device Hub Service.  You must complete any required TKS software activation procedure for the Guard1 Real Time Device Hub Service software.

Guard1 Real Time Client:

You may install the Guard1 Real Time Client on an unlimited number of workstations.

 Guard1 Business Intelligence Dashboard

The Guard1 Business Intelligence Dashboard is a browser-based application.  It may be used by an unlimited number of users within your organization or a third party organization.

Third Parties

You may permit any third party providing services to you, or any third party to which you provide services, to access the Software, subject to the terms of this Agreement, provided that all such third parties are bound by the terms of this Agreement and any breach of this Agreement by such a third party will constitute a breach by you.

Restrictions to Your Use of Software

You may not, yourself or through any other party:

sublicense, rent, lease, distribute, publish or transfer any portion of the Software, provided, however, that you may permit certain third parties to access the Software on the terms set forth above; or

reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or

alter or remove any copyright, trademark, or other proprietary notice; or

defeat, disable, or attempt to circumvent any protection or licensing enforcement mechanism or procedure used by or in connection with the Software; or

export, re-export, download or otherwise use the Software in violation of any applicable law or regulation, including U.S. or other export laws and regulations.

Support Subscription

You agree to maintain a current support subscription or hosting agreement for the Software.  You acknowledge that a current support subscription or hosting agreement is a condition to your use of the Software.

Termination

This Agreement terminates automatically and without notice in the event you fail to comply with any provision of this Agreement.

Equitable Relief

You agree that any breach by you of the restrictions set forth in the Grant of License section would cause irreparable damage to TKS not compensable by monetary damages and therefore, that TKS shall be entitled in the event of such a breach to obtain an injunction or other equitable relief against you in any court of competent jurisdiction.

Other Agreement

If you have entered into a Master Sales Agreement or other agreement with TimeKeeping Systems governing your use of the Guard1 Real Time System and related Software, any terms of such agreement which are in conflict with this Software License Agreement, shall prevail.

No Warranties

TKS EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

No Liability for Consequential Damages

IN NO EVENT SHALL TKS, ITS RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  UNDER NO CIRCUMSTANCES WILL TKS BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. Government End Users

The terms and conditions of this Agreement shall pertain to the Government’s use and/or disclosure of the Software, and shall supersede any conflicting contractual terms or conditions.  By accepting the terms of this Agreement, the Government hereby agrees that the Software qualifies as "commercial" computer software within the meaning of ALL federal acquisition regulation(s) applicable to this procurement and that the Software is developed exclusively at private expense.  If this license fails to meet the Government's needs or is inconsistent in any respect with Federal law, the Government agrees to return this Software to TKS.  In addition to the foregoing, where DFARS is applicable, use, modification, reproduction, release, display, or disclosure of the Software by the Government is subject solely to the terms of this Agreement, as stated in DFARS 227.7202, and the terms of this Agreement shall supersede any conflicting contractual term or conditions.

General Terms

If Customer is a government entity and Customer is subject to laws which mandate its governing law and/or venue for dispute resolution, this Agreement (A) shall be made in and performed in the state of the Customer’s location, (B) shall be governed by and interpreted in accordance with the laws of such state including its provisions of the Uniform Commercial Code, (C) all actions or proceedings arising directly or indirectly from this agreement shall be litigated in the state or federal courts of Customer's location, as applicable. Should any term or provision of this Agreement be held wholly or partly invalid or unenforceable under applicable law, the remainder of the Agreement evidenced hereby will not be affected thereby.

If Customer is not a government entity or Customer is not subject to a state law which mandates its governing law, this Agreement shall be made in and performed in the State of Ohio and shall be governed by and interpreted in accordance with the laws of the State of Ohio including its provisions of the Uniform Commercial Code. Customer agrees that all actions or proceedings arising directly or indirectly from this Agreement shall be litigated exclusively in courts having both jurisdiction and venue within the State of Ohio and Cuyahoga County. Customer hereby consents to the jurisdiction of any local, state or federal court located within the State of Ohio and Cuyahoga County and waives the personal service of any and all process upon Customer herein and consents that all such service or process may be made by certified mail to the Customer. Should any term or provision of this Agreement be held wholly or partly invalid or unenforceable under applicable law, the remainder of the Agreement evidenced hereby will not be affected thereby.

If for any reason any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.  This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof.  No amendment or modification of any provision of this Agreement will be effective unless set forth in a document signed by both parties.

 

End-User License Agreement

  • Guard1 Plus Basic Edition
  • Guard1 Plus Professional Edition

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and TimeKeeping Systems ("TKS") for the TKS software accompanying this Agreement, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Software").

By installing, copying or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return this package to the place from which you obtained it.

OWNERSHIP. TKS is the owner of all right, title and interest in and to the Software, including all patent, copyright, trademark and trade secret rights in and to the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and no ownership rights in the Software are transferred to you.

GRANT OF LICENSE. Subject to the other terms of this Agreement, TKS grants you a non-exclusive license to use the Software in object code form for your internal business purposes as follows:

 

YOU MAY:

(A) MAKE ANY NUMBER OF COPIES OF THIS SOFTWARE, PROVIDED THAT:

(i) each copy must be a complete copy, including all files on the original disk or media, and

(ii) you must complete TKS's software activation procedure for any computer on which the software is used for more than thirty days, and

(iii) you must pay the then-applicable license fee for each installed copy.

 

(B) permit any third party providing services to you, or any third party to which you provide services, to access the Software, subject to the terms of this Agreement, provided that all such third parties are bound by the terms of this Agreement and any breach of this Agreement by such a third party will constitute a breach by you.

YOU MAY NOT, YOURSELF OR THROUGH ANY OTHER PARTY:

(i) sublicense, rent, lease, distribute, publish or transfer any portion of the Software, provided, however, that you may permit certain third parties to access the Software on the terms set forth above;

(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;

(iii) alter or remove any copyright, trademark, or other proprietary notice;

(iv) defeat, disable, or attempt to circumvent any protection or licensing enforcement mechanism or procedure used by or in connection with the Software; or

(v) export, re-export, download or otherwise use the Software in violation of any applicable law or regulation, including U.S. or other export laws and regulations.

 

OTHER RESTRICTIONS. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you.

TERMINATION. This Agreement terminates automatically and without notice in the event you fail to comply with any provision of this Agreement.

EQUITABLE RELIEF: You agree that any breach by you of the restrictions set forth in the GRANT OF LICENSE section would cause irreparable damage to TKS not compensable by monetary damages and therefore, that TKS shall be entitled in the event of such a breach to obtain an injunction or other equitable relief against you in any court of competent jurisdiction.

NO WARRANTIES. TKS EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TKS, ITS RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TKS BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT END USERS: The terms and conditions of this Agreement shall pertain to the Government’s use and/or disclosure of the Software, and shall supersede any conflicting contractual terms or conditions. By accepting the terms of this Agreement, the Government hereby agrees that the Software qualifies as "commercial" computer software within the meaning of ALL federal acquisition regulation(s) applicable to this procurement and that the Software is developed exclusively at private expense. If this license fails to meet the Government's needs or is inconsistent in any respect with Federal law, the Government agrees to return this Software to TKS. In addition to the foregoing, where DFARS is applicable, use, modification, reproduction, release, display, or disclosure of the Software by the Government is subject solely to the terms of this Agreement, as stated in DFARS 227.7202, and the terms of this Agreement shall supersede any conflicting contractual term or conditions.

GENERAL TERMS. This Agreement is governed by the laws of the State of Ohio, without regard to conflicts of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You irrevocably submit to the jurisdiction of the state and federal courts sitting in Cuyahoga County, Ohio, and any action or proceeding arising out of this Agreement will be heard and determined in such court, except as set forth in the "EQUITABLE RELIEF" section. If for any reason any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document signed by both parties.

End-User License Agreement

  • EasyTour

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and TimeKeeping Systems ("TKS") for the TKS software accompanying this Agreement, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Software Product" or "Software").

By continuing the installation process, or by exercising your rights to make and use copies of the Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return this package to the place from which you obtained it.

SOFTWARE PRODUCT LICENSE. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

GRANT OF LICENSE. The software which accompanies this license (the "Software") is the property of TKS and is protected by copyright law. While TKS continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Your rights and obligations with respect to the use of this Software are as follows:

YOU MAY MAKE ANY NUMBER OF COPIES OF THIS SOFTWARE, PROVIDED THAT:

(i) each copy must be a complete copy, including all files on the original disk or media, and

(ii) each copy must bear TKS's copyright notice.

YOU MAY NOT:

(i) sublicense, rent or lease any portion of the Software,

(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.

COPYRIGHT. All title and copyrights in and to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned by TKS. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.

OTHER RESTRICTIONS. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

NO WARRANTIES. TIMEKEEPING SYSTEMS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TKS, ITS RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS TKS PRODUCT, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. THE TOTAL, CUMULATIVE LIABILITY OF TKS, ITS RESELLERS, AND ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

MISCELLANEOUS. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Ohio.