Copyright © 2018-2023 DataCore Software Corporation. All rights reserved. By using the DataCore
Software License Portal Tool, you agree as follows:
YOUR USE OF THE DataCore Software License Portal TOOL AND ALL INFORMATION THAT IS
PROVIDED OR MADE AVAILABLE TO YOU OR TO WHICH YOU ARE GIVEN ACCESS, DIRECTLY OR INDIRECTLY, IN
CONNECTION WITH THE DataCore Software License Portal TOOL, INCLUDING BUT NOT LIMITED TO ALL
INFORMATION RESULTING FROM THE USE OF THE DataCore Software License Portal TOOL, (ALL THE
FOREGOING BEING HEREINAFTER REFERRED TO COLLECTIVELY, THE “TOOL”) IS ENTIRELY AT YOUR OWN RISK.
THE TOOL IS PROVIDED TO YOU, AND YOU ACCEPT IT, “AS IS” AND “WITH ALL
FAULTS.” DATACORE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE TOOL,
WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN DEFECTS, TO THE
FULLEST EXTENT PERMITTED BY LAW. DataCore does not warrant that the Tool will meet
any requirements or that use of the Tool will be uninterrupted or error free. DataCore is not
bound by and shall have no responsibility for any results from the use of the Tool.
UNDER NO CIRCUMSTANCES WILL DATACORE OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF
PROFITS, SAVINGS, BUSINESS, GOODWILL OR DATA, COST OF COVER, OR ANY INCIDENTAL, INDIRECT,
RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER SIMILAR DAMAGES OR LOSS, ARISING FROM
OR IN CONNECTION WITH YOUR USE OF THE TOOL EVEN IF DATACORE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. EXCEPT AS LIMITED BY APPLICABLE LAW, DATACORE’S AND ITS SUPPLIERS’ TOTAL
LIABILITY RELATING TO OR ARISING IN CONNECTION WITH YOUR USE OF THE TOOL SHALL IN NO EVENT
EXCEED $100. The liability limitations set forth herein shall apply notwithstanding
any failure of essential purpose of any exclusive remedy provided or the invalidity of any
other provision.
You hereby indemnify, and agree to defend and hold harmless, DataCore, its subsidiaries, and
their respective officers, directors, employees, representatives, shareholders, and affiliates
from an against all claims, demands, suits, liabilities, damages and costs, including but not
limited to all reasonable attorneys’ fees at all trial and appellate levels, arising
from or in connection with your use of the TOOL. The laws of the State of Florida U.S.A. shall
govern this agreement, without reference to its conflict of laws principles or the United
Nations Convention on Contracts for the International Sale of Goods. DataCore and you accept
the exclusive jurisdiction of the state and federal courts of Broward County, Florida U.S.A.
with respect to any action arising under or in connection with this agreement.
The English language version of this Agreement will control in all respects, and all other
versions are for convenience only and are not binding.