and for any or no reason, suspend or terminate
this Agreement with or without prior notice.
This Agreement will terminate immediately,
without prior notice from Inphonik, in the event
that you fail to comply with any provision of
this Agreement. You may also terminate this
Agreement by deleting the Application and all
copies thereof from your computer.
Upon termination of this Agreement, you shall
cease all use of the Application and delete all
copies of the Application from your computer.
Termination of this Agreement will not limit
any of Inphonik’s rights or remedies at law or in
equity in case of breach by you (during the term
of this Agreement) of any of your obligations
under the present Agreement.
Indemnication
You agree to indemnify and hold Inphonik and
its parents, subsidiaries, afliates, ofcers,
employees, agents, partners and licensors
(if any) harmless from any claim or demand,
including reasonable attorneys’ fees, due to or
arising out of your: (a) use of the Application;
(b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third
party.
No Warranties
The Application is provided to you “AS IS”
and “AS AVAILABLE” and with all faults and
defects without warranty of any kind. To the
maximum extent permitted under applicable
law, Inphonik, on its own behalf and on behalf
of its afliates and its and their respective
licensors and service providers, expressly
disclaims all warranties, whether express,
implied, statutory or otherwise, with respect
to the Application, including all implied
warranties of merchantability, tness for a
particular purpose, title and non-infringement,
and warranties that may arise out of course
of dealing, course of performance, usage
or trade practice. Without limitation to the
foregoing, Inphonik provides no warranty or
undertaking, and makes no representation of
any kind that the Application will meet your
requirements, achieve any intended results, be
compatible or work with any other software,
applications, systems or services, operate
without interruption, meet any performance or
reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither
Inphonik nor any Inphonik’s provider makes any
representation or warranty of any kind, express
or implied: (i) as to the operation or availability
of the Application, or the information, content,
and materials or products included thereon; (ii)
that the Application will be uninterrupted or
error-free.
Some jurisdictions do not allow the exclusion
of or limitations on implied warranties or the
limitations on the applicable statutory rights
of a consumer, so some or all of the above
exclusions and limitations may not apply to
you.
Limitation of Liability
Notwithstanding any damages that you might
incur, the entire liability of Inphonik and any
of its suppliers under any provision of this
Agreement and your exclusive remedy for all
of the foregoing shall be limited to the amount
actually paid by you for the Application.
To the maximum extent permitted by applicable
law, in no event shall Inphonik or its suppliers
be liable for any special, incidental, indirect,
or consequential damages whatsoever
(including, but not limited to, damages for loss
of prots, for loss of data or other information,
for business interruption, for personal injury,
for loss of privacy arising out of or in any way
related to the use of or inability to use the
31