Before You Install – You Must Read And Accept
THE SOFTWARE PROVIDED BY DESTINY SOFTWARE, INC. IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM INFRINGEMENT, AND ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO THE SOFTWARE, OR ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE.
IN NO EVENT SHALL DESTINY SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE SOFTWARE, DATA OR SERVICES PROVIDED HEREUNDER.
RECIPIENT AGREES TO HOLD HARMLESS AND WAIVE ANY AND ALL CLAIMS AGAINST DESTINY SOFTWARE, INC, ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, PROGRAMMERS, CONTRACTORS AND SUBCONTRACTORS.
IF FURTHER RELEASE OR DISTRIBUTION OF THIS SOFTWARE, OR DATA DERIVED FROM THIS SOFTWARE IS PERMITTED, AN AUTHORIZED REPRESENTATIVE OF THE SECURITY COMPANY (CID) AGREES TO OBTAIN THIS IDENTICAL WAIVER OF CLAIMS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT NAMING DESTINY SOFTWARE, INC, ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, PROGRAMMERS, CONTRACTORS AND SUBCONTRACTORS, WITH ANY ENTITIES THAT ARE PROVIDED WITH THE SOFTWARE OR DATA DERIVED FROM USE OF THE SOFTWARE OR SERVICES PROVIDED.