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End User Licence Agreement
185 Sendo X User Guide
OF SUBSTITUTE GOODS OR SERVICES, PROPERTY
DAMAGE, PERSONAL INJURY, INTERRUPTION OF
BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
ECONOMIC, COVER, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND
WHETHER ARISING UNDER CONTRACT, TORT,
NEGLIGENCE, OR OTHER THEORY OF LIABILITY
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF LICENSOR OR ITS SOFTWARE
SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME COUNTRIES/STATES/
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO
BE LIMITED, IN SUCH CASES, THE LIABILITY OF
LICENSOR, ITS SOFTWARE SUPPLIERS AND THEIR
RESPECTIVE AFFILIATES AND EMPLOYEES SHALL BE
LIMITED TO, AT LICENSOR’S OPTION, EITHER (A)
RETURN OF THE PRICE PAID LESS A REASONABLE
AMOUNT FOR USAGE, OR (B) REPAIR OR REPLACEMENT
OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED
WARRANTY PROVIDED WITH THE PHONE AND WHICH
IS RETURNED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE LIMITED WARRANTY. Nothing
contained in this Agreement shall prejudice the statutory
rights of any party dealing as a consumer. Nothing
contained in this Agreement limits Licensor's liability to You
in the event of death or personal injury resulting from
Licensor's negligence if law prohibits such a limitation.
Licensor is acting on behalf of its software suppliers and
their respective employees and affiliates for the purpose of
disclaiming, excluding and/or restricting obligations,
warranties and liability as provided in this clause 9, but in
no other respects and for no other purpose.
10. TECHNICAL SUPPORT.
Licensor has no obligation to furnish You with technical
support except as agreed in writing between You and
Licensor in the Limited Warranty provided with the phone.
11. EXPORT CONTROL.
The Software may be subject to export regulations of the
United Kingdom and other countries. You agree that You
shall comply with all applicable export laws, restrictions
and regulations of the United Kingdom or foreign
agencies or authorities, and shall not export, or transfer
for the purpose of re-export, any Software, product or
technical data received under this Agreement or any
Software or product produced by use of such technical
data, including processes and services, in violation of any
applicable restrictions, laws or regulations, or without all
necessary approvals.
12. APPLICABLE LAW & GENERAL PROVISIONS.
This Agreement shall be governed by and construed in
accordance with the internal laws of the United Kingdom
without regard to its conflicts of laws rules.
This is the entire agreement between Licensor and you
relating to the Software and it supersedes any prior
representations, discussions, undertakings, end user
agreements, communications or advertising relating to the
Software.
191


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