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We reserve the following rights:
- to disclose any information as necessary to satisfy any law, regulation, or authorized governmental request;
IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE Web site OR SITE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED FROM THE Web site WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THE OPERATION OF THE Web site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
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Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages; so some of the above disclaimers, limitations and exclusions may not apply to you.
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You agree to submit to the personal jurisdiction and venue of the courts of Ontario located in Ottawa, Ontario or any federal court located in Ontario. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded.
Warranties and Disclaimers:
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Kinaxis, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. KINAXIS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL KINAXIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. KINAXIS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.
This Web site can be accessed from other countries around the world and may contain references to Kinaxis products, services, and programs that have not been announced in your country. These references do not imply that Kinaxis intends to announce such products, services or programs in your country.
U.S. Government Rights:
The Product (i) was developed exclusively at private expense; (ii) is a trade secret of Kinaxis for all purposes of the Freedom of Information Act or its successor or any other disclosure statute, regulation or provision; (iii) is "commercial computer software" subject to limited utilization (Restricted Rights); and (iv), including all copies of the Product, in all respects is and shall remain proprietary to Kinaxis or its licensors. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to Restricted Rights and all applicable restrictions for software developed exclusively at private expense as set forth in: (i) for the DoD, the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or any successor clause, and (ii) for all government agencies, the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 or any successor clause. The U.S. Government must refrain from changing or removing any insignia or lettering from the Product or from producing copies of the Product and manuals (except one copy of the Product for backup purposes). Use of the Product shall be limited to the facility for which it is acquired. All other U.S. Government personnel using the Product are hereby on notice that use of the Product is subject to restrictions, which are the same as, or similar to, those specified above. The manufacturer/supplier is Kinaxis Inc., 700 Silver Seven Road, Kanata, Ontario K2V 1C3.
In the event of termination of your access to or use of the Web site or Site Contents, the provisions respecting your representations, warranties and indemnities, our Warranties, Disclaimers and Limitations of Liability, Applicable Law and Jurisdiction; and Copyrights and Trademarks will survive unless waived in writing by us.
Last updated September 2009