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This service is for hourly software/hardware related issues/support only. Customer engages Logic Mate Incand/or its suppliers for purchases and/or customization. Customer is advised to test the program thoroughlybefore relying on any component. Customer also agrees to assume the entire risk of using this program.The full amount will be guaranteed by credit card, regardless of payment method. Thereare no returns and/or refunds on these items. All sales are final. If an item is defective,Logic Mate will replace it.
Confidentiality
Logic Mate, Inc. will use any Customer information contained in the data, media and/or equipmentprovided to Logic Mate Inc by Customer ONLY for the purpose of fulfilling the Engagement, and willotherwise hold such Customer information in the strictest confidence. Any confidential informationdisclosed by Customer under this agreement will remain Customer’s sole property, and Logic Mate, Incshall employ reasonable measures to prevent the authorized use of such information, which measures shallnot be less than those measures employed by Logic Mate, Inc in protecting its own confidentialinformation. Logic Mate, Inc. will not disclose confidential information except to employees or consultantsreasonably requiring such information (and who have secrecy obligations to Logic Mate) and not to anyother party.
Payment
Customer agrees to pay Logic Mate, Inc all sums authorized from time to time by Customer, which willtypically include charges for Logic Mate services, reasonable travel and per diem expenses for on-sitework, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelfsoftware used in the Engagement.UsageCustomer is advised to test the program thoroughly before relying on any component and user also agreesto assume risk of using this program.
NO WARRANTIES; DISCLAIMER OF ALL WARRANTIES
Logic Mate, Inc. MAKES AND CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS FORANY GOOD OR SERVICE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATIONWITH CUSTOMER, AND LOGIC Mate, Inc SPECIFICALLY DISCLAIMS ANY IMPLIEDWARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANDARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE.
Limitations of Liability; Limitation of Damages
In no event will Logic Mate be liable for any indirect damages whatsoever. The total liability of LogicMate, Inc to Customer under this Agreement shall in no event exceed the total sums paid by customer toLogic Mate, Inc.
Miscellaneous
The parties agree that the laws of the state of California shall govern this Agreement and agree to venue inLos Angeles County, California; provided, however that if any provision of this Agreement is in violationof any applicable law, such provision shall to such extent be deemed null and void, and the remainder ofthe Agreement shall remain in full force and effect. Except for the obligation to make payments,nonperformance of either party shall be excused to the extent performance is rendered impossible due tocauses beyond such party’s reasonable control. This Agreement, together with any exhibits or otherattachments provided by Logic Mate, Inc, constitutes the entire Agreement between the parties in relationto this subject matter and supersedes all other terms including any purchase order terms.
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