You may not transfer, sublicense, lease, lend, rent or otherwise distribute the Software, including the user manual, without brightfin’s explicit prior written consent, which consent may be granted or withheld in brightfin’s sole and absolute discretion.
5. ALL SOFTWARE AND SERVICES ARE PROVIDED “AS IS”. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACY AND EFFECT OF THE SOFTWARE.
6. TO THE FULLEST EXTENT PERMITTED BY LAW brightfin AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
The foregoing limitations will apply even if any warranty or remedy provided by brightfin fails of its essential purpose.
7. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL brightfin’S AND ITS LICENSORS TOTAL LIABILITY TO YOU FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE TO brightfin HEREUNDER DURING THE 6 MONTH PERIOD PRIOR TO THE DATE OF SUCH CAUSE OF ACTION ACCRUES, AND IN NO EVENT SHALL brightfin OR ITS LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE, OMISSION OF PERFORMANCE, OR TERMINATION HEREOF WITHOUT REGARD TO THE NATURE OF THE CLAIM (E.G., BREACH OF CONTRACT, NEGLIGENCE, INDEMNIFICATION OR OTHERWISE).
8. brightfin shall provide hotline support during the hours of operation:
|Hotline Support Number||+1 (801) 895-4180|
|Support e-Mail Addressemail@example.com|
|Days of Operation||Monday – Friday|
|Hours Of Operation||9:00 am – 5:00 pm|
|Time Zone||GMT-7 (MST)|
|Support Office Location||Salt Lake City, UT (USA)|
Hotline support will not be available for free / trial Software unless stated otherwise on the Other Form. Hotline support will not be available on public holidays in the United States of America. From time to time brightfin may provide or make available updated versions of the Software. You may request that brightfin provide additional integration, training and/or other services in addition to the hotline support (“Additional Services”). Any such Additional Services agreed to by brightfin, which agreement shall be at brightfin’s sole and absolute discretion, shall be set forth in a separate statement of work which shall set forth, without limitation, the services to be provided and any additional fees to be charged by brightfin with respect thereto.
Version: May 2018