2. Your Service. Except as expressly specified in this Agreement, you may not: (i) assign, transfer, resell, sublicense, lease, lend, rent or otherwise distribute your rights as a subscriber to the Service to any third party; (ii) make the functionality of the Service available to any other user through any means, including but not limited to, uploading the output of the Service to a service bureau or any other type of services; and (iii) share your Service user ID and password. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement.
4. Support. If you encounter any problems using the Service, please contact Automatia.net’s support department. Automatia.net will use reasonable efforts to respond to any problems you may encounter using the Service.
5. Term and Termination of this Agreement. This Agreement remains in force between you and Automatia.net until terminated. You may terminate this Agreement at any time by ceasing to pay for the Service. This Agreement will automatically terminate without notice if you breach any term of this Agreement which shall be assessed in Automatia.net’s sole discretion. Notwithstanding anything to the contrary in this Agreement, Automatia.net retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your Payment Card are refused for any reason, if you breach any provision in this Agreement, and/or if you misuse the Automatia.net Service. In addition, Automatia.net reserves the right to terminate your account and this Agreement for any other reason or no reason if Automatia.net gives you at least 30 days advance notice of such termination. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Automatia.net Service before termination.
6. Statutory Rights and Limited Warranty in Relation to the Software. The Service is provided “AS IS.” You assume the entire risk as to the quality and performance of the Service.
7. Warranty Disclaimer. Automatia.net EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OTHER THAN THE WARRANTIES ESTABLISHED IN SECTION 9, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY MANDATORY LAW. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. Automatia.net does not give any other promises, guarantees, or warranties about the Service.
YOU UNDERSTAND AND AGREE THAT THE Automatia.net SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Automatia.net MAKES NO WARRANTY THAT THE Automatia.net SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE Automatia.net SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES Automatia.net MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Automatia.net SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE Automatia.net SERVICE WILL BE CORRECTED OR THAT THE Automatia.net SERVICE WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, Automatia.net DOES NOT WARRANT THAT THE Automatia.net SERVICE OR THE Automatia.net INFRASTRUCTURE THAT PROVIDES YOU WITH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT Automatia.net) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. Automatia.net ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR HARDWARE. Automatia.net AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE Automatia.net SERVICE OR INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you.
8. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Automatia.net FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCLUDING, BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST Automatia.net OR THE Automatia.net SERVICE, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE Automatia.net SERVICE.
9. Limitations of Automatia.net’s Liability. IN NO EVENT WILL Automatia.net OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USER INFORMATION, LOSS OF DATA, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE Automatia.net SERVICE OR USE OF THE Automatia.net SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF Automatia.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Automatia.net’S OR ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE Automatia.net SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO Automatia.net IN THE PRECEDING TWELVE MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF Automatia.net’S AND Automatia.net’S SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT. This provision is not intended to limit Automatia.net’s liability in the event of Automatia.net’s willful or intentional misconduct. Moreover, if Automatia.net mistakenly or wrongfully overcharges your account, this section does not limit Automatia.net’s obligation to refund such mistakenly or wrongfully overcharged amounts.
10. Automatia.net’s Responsibility to You. Automatia.net ACCEPTS UNLIMITED LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED TO YOU BY Automatia.net’S NEGLIGENCE AND FOR ANY LIABILITY ARISING UNDER THE CONSUMER PROTECTION ACT OF 1987. Automatia.net WILL NOT LIMIT THIS RESPONSIBILITY. Automatia.net ALSO ACCEPTS RESPONSIBILITY FOR LOSS OR DAMAGE TO YOUR PHYSICAL PROPERTY CAUSED BY THE SERVICE OR ARISING FROM OUR DELIBERATE MISCONDUCT OR NEGLIGENCE. Automatia.net also accepts liability for direct, reasonably foreseeable (expected) losses arising as a direct consequence of breach by Automatia.net of its statutory duty. Automatia.net shall not be liable in such circumstances where the causes or potential causes of the loss: (i) were not reasonably foreseeable (expected); and/or (ii) arose as a result of the use of the Service; and/or (iii) were reasonably foreseeable and preventable by you, such as, but not limited to: virus damage, data or information lost because you have failed to maintain back-ups or copies, or problems inflicted by you or as a result of using the Service other than in accordance with the documentation or this Agreement.
11. Severability. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
12. Waiver. The failure of Automatia.net to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
13. Entire Agreement. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter. You must not transfer this Agreement, as it is personal to you, without written authority from Automatia.net. This authority will not be refused without good reason.