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restriction, you may be subject to prosecution and damages.
5. Consent to Use of Data. You agree that Cyber Power Systems, Inc. and its
subsidiaries may collect and use technical and related information, including
but not limited to technical information about your computer, mobile device,
system and application software, and peripherals, that is gathered
periodically to facilitate the provision of Software updates, product support
and other Softwares to you (if any) related to the Software. Cyber Power
Systems, Inc. may use this information, as long as it is in a form that does not
personally identify you, to improve our products or to provide Softwares or
technologies to you. At all times your information will be treated in
accordance with Cyber Power Systems, Inc. Privacy Policy, which can be
viewed on our website.
6. Intellectual Property Rights. The Software is owned by Cyber Power
Systems, Inc. and its suppliers, and its structure, organization and code are
the valuable trade secrets of Cyber Power Systems, Inc. and its suppliers. All
title and intellectual property rights in and to any third party content that is
contained in the Software or may be accessed through the use of the
Software, is the property of the respective content owners and may be
protected by applicable intellectual property related laws and treaties.
7. Disclaimer.
The Software is being provided to you AS IS and Cyber Power
Systems, Inc., its subsidiaries and their supplier makes no warranty as to its
use or performance. THE ENTIRE RISK OF USE AND PERFORMANCE
REMAINS WITH YOU. CYBER POWER SYSTEMS, INC., ITS SUBSIDIARIES
AND THEIR SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
CYBER POWER SYSTEMS, INC., ITS SUBSIDIARIES AND THEIR SUPPLIERS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN ADDITION, CYBER POWER SYSTEMS, INC., ITS
SUBSIDIARIES AND THEIR SUPPLIERS MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, OR AVAILABILITY OF THE SOFTWARES OR ANY
SOFTWARES OR GOODS REQUESTED THROUGH THE USE OF THE
SOFTWARES, OR THAT THE SOFTWARES WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE ARE
NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS
WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES
IN THE CONTENT, DATA OR INFORMATIONPROVIDED BY, THE SOFTWARE
COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR
WEAPONS SYSTEMS.
8. Limitation of Liability. IN NO EVENT WILL CYBER POWER SYSTEMS, INC.,
ITS SUBSIDIARIES AND THEIR SUPPLIERS OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, LOCALS OR AFFILIATES BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE