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foregoing, you acknowledge that the Caeden Service is the exclusive property of Caeden,
and that you will not take any act inconsistent with our ownership rights or that may dam-
age our ownership rights. You will not remove, obscure, modify or disable any proprietary
notices from Caeden on any part of the Caeden Service. No part of the Caeden Service
may be reverse engineered, decompiled or modified, nor may derivative works be created
based on the Caeden Service, without the prior written consent of Caeden. All rights not
granted under these Terms of Service are reserved by Caeden.
Disclaimer of Additional Warranties
:
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN
THE SECTION ENTITLED “LIMITED WARRANTY FOR CAEDEN PRODUCTS”, ALL PARTS OF THE
CAEDEN SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE CAEDEN SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE
COMPLETELY SECURE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. WE SHALL NOT BE LIABLE
FOR THE USE OF THE CAEDEN SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN, PROVIDED BY THIRD PARTIES.
CAEDEN DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR
PRODUCTS USED IN CONNECTION WITH THE CAEDEN SERVICE, SUCH AS YOUR APP STORE/
PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA,
LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH, EACH OF
WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER
OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL WE BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, REGARDLESS OF THE FORM OF THE
ACTION, EXCEEDING THE GREATER OF (1) THE AMOUNT PAID BY YOU TO PURCHASE A CAEDEN
PRODUCT FROM AN AUTHORIZED RETAILER, OR (2) FIFTY DOLLARS ($50).
