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Free Check Up Terms and Conditions
You agree to the following terms and
conditions:
SoftwareUnlimited does not guarantee or
warrant, either express or implied, such services and makes no other warranties,
whether written, oral or implied, including without limitation, warranty of
fitness for a particular purpose or merchantability. SoftwareUnlimited’s
efforts in providing services to Client are limited only to the state of
Client’s computer equipment at the time the services are rendered. Any
subsequent changes made by Client to Client’s computer equipment, not made in
accordance with the recommendation and knowledge of SoftwareUnlimited, will
invalidate any warranties of any kind.
In no event shall SoftwareUnlimited be liable for any direct, indirect, special,
incidental or consequential damages, including, but not limited to, loss of
profits, revenue, data, business interruption, equipment downtime, or any costs
related to any defect or failure of SoftwareUnlimited’s systems, or any costs
related to any services provided by SoftwareUnlimited to Client, regardless of
whether a claim or action is asserted in contract or tort, whether or not the
possibility of such damages has been disclosed to SoftwareUnlimited in advance
or could have been reasonably foreseen by SoftwareUnlimited. Client agrees that
the sole remedies for SoftwareUnlimited’s liability of any kind arising out of
SoftwareUnlimited’s services shall be limited to the remedies as provided for
by this Agreement. Client agrees that in no event shall SoftwareUnlimited’s be
liabile to Client for damages of any kind.
Indemnification. Except for SoftwareUnlimited’s sole negligence or willful
misconduct, Client shall indemnify, hold harmless and defend SoftwareUnlimited
and its officers, directors, agents, and employees from and against any and all
liabilities, losses, suits, actions, legal proceedings, claims, demands,
damages, costs and expenses of whatsoever kind or character, including but not
limited to attorneys’ fees and expenses arising out of or relating to this
contract or the performance of work by SoftwareUnlimited under the terms of this
contract. Client further indemnifies and holds SoftwareUnlimited harmless from
any claim that SoftwareUnlimited has infringed the intellectual and/or property
rights of any person, vendor or entity in the process of performing its duties
under these terms and conditions.
These terms and conditions contains the entire agreement between the parties
hereto with respect to the matters covered herein. No other agreements,
representations, warranties or other matters, oral or written, purportedly
agreed to or represented by or on behalf of SoftwareUnlimited by any of its
employees or agents, or contained in any sales materials or brochures, shall be
deemed to bind the parties hereto with respect to the subject matter hereof.
Client acknowledges that it is entering into this Agreement solely on the basis
of the representations contained herein.
This Agreement shall be construed in accordance with the laws of the State of
California.
Free Network Check Up
Offer limited to organizations in the southern
California area. Organizations out of the southern California area may
receive a free network check up by pre-paying SoftwareUnlimited travel related
(airfare, hotel, rental car, mileage, parking, etc.) costs to and from your
location.
Free Security Check Up
By selecting Free Security Check Up, you are
electronically authorizing SoftwareUnlimited to check your hardware and/or
software for security related vulnerabilities.
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