Visual Watermark is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. Nothing contained in this Agreement limits Visual Watermark’s liability to you in the event of death or personal injury resulting from Visual Watermark’s negligence or for the tort of deceit (fraud). Visual Watermark’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Limitation of Liability In no event will Visual Watermark or its suppliers be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a Visual Watermark representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.As used in this Section, “limited warranty period” means one (1) year if you are a business user and two (2) years if you are not a business user. Visual Watermark warrants that the Software provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) for the limited warranty period following receipt of the Software when used on the supported hardware configuration.Customer shall not use the Product on virtual machines, virtual devices, servers or rented hardware.Any use of the Product (or any part thereof) in violation of this Agreement shall entitle Visual Watermark to all rights and remedies available to it at law or in equity, including (without limitation) monetary damages and equitable relief. Customer shall not transfer the Product to any third party, if Customer knows or has reason to know that the third party will violate any term or condition of this Agreement.d) Customer shall not sub-license, rent, lease, loan, or otherwise indirectly transfer (such as by consignment) any portion of the Product to any third party. Customer shall not hire out the Product (or any part thereof) to any third party for commercial purposes or for service bureau use.
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