Enfora TicTalk Operations Instructions Page 74

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provided AS IS without any warranty of any kind. You are responsible
for maintaining the confidentiality of the user identification and
password for your account on such website. To the extent Enfora has
access to any information or settings that you upload or configure on
such website, Enfora agrees to exercise reasonable care to maintain
such information or settings in confidence, and to use it only for the
purpose of supporting your use of such feature, or for Enfora’s internal
business purposes, as applicable, and not to disclose it to any third
party except as required by law or to comply with any legal process
(e.g., subpoena). To the extent that your wireless service provider
includes in such website any content (or links to content) generated,
controlled or administered by such service provider or any third party,
Enfora disclaims all responsibility for such content.
Safety: Please refer to the Safety sections of the TicTalk User Manual
for information or instructions on the safe handling or use of your
TicTalk phone and its battery. Those sections are incorporated in this
Agreement by reference.
Warranty: Please refer to the Warranty section of the TicTalk User
Manual for the terms of the warranty on your TicTalk phone. That
section is incorporated in this Agreement by reference.
Limitation of Liability: You acknowledge that you are responsible for
the proper use of the TicTalk phone in accordance with this Agreement
and the Documentation, and that your wireless service provider is
responsible for providing the wireless telecommunication service that
enables communication to and from your TicTalk phone. Accordingly,
you agree that Enfora shall not be liable for any personal injury,
property damage or financial loss or expense arising out of (a) your
negligent or intentional acts or omissions in connection with the use of
the TicTalk phone; (b) the negligent or intentional acts or omissions of
Copyright 2005, Enfora L.P. 67
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