Blackberry CHALK PUSHCAST PLAYER User Manual - Page 26

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL CHALK BE LIABLE

FOR ANY TYPE OF DAMAGES RELATED TO THIS DOCUMENTATION OR ITS USE, OR PERFORMANCE OR NON-

PERFORMANCE OF ANY SOFTWARE, HARDWARE, SERVICE, OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED

HEREIN INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING DAMAGES: DIRECT, CONSEQUENTIAL, EXEMPLARY,

INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES,

FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF

BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF DATA, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS

ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH CHALK PRODUCTS OR SERVICES, DOWNTIME

COSTS, LOSS OF THE USE OF CHALK PRODUCTS OR SERVICES OR ANY PORTION THEREOF OR OF ANY AIRTIME SERVICES,

COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR

PECUNIARY LOSSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF CHALK HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, CHALK SHALL HAVE NO OTHER

OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT, OR OTHERWISE TO YOU INCLUDING ANY LIABILITY

FOR NEGLIGENCE OR STRICT LIABILITY.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS HEREIN SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE

CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE,

TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES

OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B)

TO CHALK AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS (INCLUDING AIRTIME

SERVICE PROVIDERS), AUTHORIZED CHALK DISTRIBUTORS (ALSO INCLUDING AIRTIME SERVICE PROVIDERS) AND THEIR

RESPECTIVE DIRECTORS, EMPLOYEES, AND INDEPENDENT CONTRACTORS.

IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE,

AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF CHALK OR ANY AFFILIATES OF CHALK HAVE ANY

LIABILITY ARISING FROM OR RELATED TO THE DOCUMENTATION.

Prior to subscribing for, installing, or using any Third Party Products and Services, it is your responsibility to ensure that your

airtime service provider has agreed to support all of their features. Check with your service provider for availability, roaming

arrangements, service plans and features. Installation or use of Third Party Products and Services with Chalk's products and

services may require one or more patent, trademark, copyright, or other licenses in order to avoid infringement or violation of

third party rights. You are solely responsible for determining whether to use Third Party Products and Services and if any third

party licenses are required to do so. If required you are responsible for acquiring them. You should not install or use Third Party

Products and Services until all necessary licenses have been acquired. Any Third Party Products and Services that are provided

with Chalk's products and services are provided as a convenience to you and are provided "AS IS" with no express or implied

conditions, endorsements, guarantees, representations, or warranties of any kind by Chalk and Chalk assumes no liability

whatsoever, in relation thereto. Your use of Third Party Products and Services shall be governed by and subject to you agreeing

to the terms of separate licenses and other agreements applicable thereto with third parties, except to the extent expressly

covered by a license or other agreement with Chalk.

Certain features outlined in this documentation require a minimum version of Chalk software.

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