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Smart Mirror User’s Guide

Revision 1.1

2010

ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY

QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT,

AZENTEK/INTRINSYC DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES,

INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND

TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. YOU UNDERSTAND AND AGREE THAT THE

USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, AZENTEK/INTRINSYC

WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DIRECT, INCIDENTAL, SPECIAL,

PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT

GOODS, LOSS OF PROPRIETARY MATERIAL, RIGHTS OR SERVICES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF ELECTRONIC

COMMUNICATIONS, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, OTHER PECUNIARY LOSS, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT

LIABILITY OR OTHERWISE, EVEN IF INTRINSYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.

IN NO EVENT SHALL AZENTEK/INTRINSYC ’S TOTAL LIABILITY (WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT, INCLUDING

NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) UNDER OR IN CONNECTION WITH THIS AGREEMENT OR BASED ON ANY CLAIM FOR

INDEMNITY OR CONTRIBUTION EXCEED THE AMOUNT OF PURCHASE PRICE OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE

LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO

YOU.

1. CONFIDENTIALITY: You acknowledge that the Software contains proprietary trade secrets and you hereby agree to maintain the confidentiality of

Software and not to disclose or provide access thereto to any person.

2. THIRD PARTY SOFTWARE LICENSES: AZENTEK/INTRINSYC may make use of third party software. Notwithstanding the terms and conditions of this

License, use of some third party materials included in the Software may be subject to other terms and conditions.

3. TERMINATION: This Agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign the Agreement or transfer

the Software to a third party except as expressly permitted in this Agreement. If such should occur, you must destroy all copies of the Software and all of

its component parts. All provisions of this Agreement, except for the license grant above, survive the termination of this Agreement.

4. ENTIRE AGREEMENT: The terms and conditions of this Agreement, including any addendum or agreement to it which may be included with the

accompanying package of the Software (and/or Hardware), plus the Limited Warranty, if applicable, reflect the entire agreement between You and

AZENTEK/INTRINSYC with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever

form, regarding the subject matter. This Agreement shall not be modified or amended except in writing signed by AZENTEK/INTRINSYC. This

Agreement shall take precedence over any other documents that may be in conflict therewith.

5. TRANSLATIONS: The original English version of this Agreement may have been translated into other languages. The English version of this Agreement

is the controlling version.

6. JURISDICTION AND DISPUTES

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