User Guide
____________________________________________________________________________________
Confidential and Proprietary
10/2/2008
RESPONSIBILITY FOR INSPECTING AND TESTING THE SERVICE TO CUSTOMER’S SATISFACTION
BEFORE USING
THE SERVICE. THE SERVICE IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE”
BASIS. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SKYGUARD, LLC MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE SERVICES, THE DEVICES, THE
ACCESSORIES, THE SOFTWARE OR THE WIRELESS MESSAGING NETWORKS THROUGH WHICH
THE SERVICES ARE PROVIDED, AND HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY, DURABILITY, PERFORMANCE AND QUALITY, AND
ANY WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE OR NONINFRINGEMENT
OF THIRD PARTY RIGHTS. Under no circumstances shall SkyGuard, LLC be liable to Customer or
any other person for any loss, injury or damage, of whatever kind or nature, resulting from or
arising out of (i) any mistakes, errors, omissions, delays or interruptions in the receipt,
transmission or storage of any data, signals or information arising out of or in connection with use
of the Services, the Software and/or SkyGuard Networks, or (ii) SkyGuard, LLC’s actions or
inactions in performing the functions requested by Customer or a user of Customer’s Service
account in connection with SkyGuard Remote Assistant support service, or for SkyGuard, LLC’s
inability to perform such functions.
SKYGUARD, LLC SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, GOODWILL OR
ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE
SERVICES, THE DEVICES, THE ACCESSORIES, THE SOFTWARE AND/OR THE INTENDED USE
THEREOF, OR THAT RESULT FROM OR ARISE OUT OF ANY MISTAKES, ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR
NEGLIGENCE, EVEN IF SKYGUARD, LLC HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING ABOVE, THE TOTAL LIABILITY OF SKYGUARD, LLC TO CUSTOMER IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (1) DIRECT
DAMAGES PROVEN BY CUSTOMER OR (2) THE AGGREGATE AMOUNTS PAID BY CUSTOMER TO
SKYGUARD, LLC UNDER THIS AGREEMENT FOR THE ONE (1) MONTH PERIOD PRIOR TO THE
ACCRUAL OF SUCH CAUSE OF ACTION FOR THE SPECIFIC PRODUCT OR SERVICE WHICH FORMS
THE BASIS FOR SUCH CAUSE OF ACTION. THE FOREGOING LIMITATION SHALL APPLY TO ALL
CAUSES OF ACTION AND CLAIMS, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER
TORTS. CUSTOMER ACKNOWLEDGES THE REASONABLENESS OF THE FOREGOING DISCLAIMERS
AND LIMITATIONS OF LIABILITY. NO CAUSE OF ACTION UNDER ANY THEORY WHICH ACCRUED
MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A LEGAL PROCEEDING ALLEGING
SUCH CAUSE OF ACTION MAY BE ASSERTED BY CUSTOMER AGAINST SKYGUARD, LLC.
Governing Laws
This agreement shall be governed by and construed in accordance with the laws of the
State of Delaware without giving effect to any conflicts of law principles. If any provision
of this agreement is determined to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
