Psychosoft Limitations of Liability

Limitations of Liability

Talking Technology International, Inc. (TTI) does its best to provide you with the highest quality of products. We also provide you with Software and Hardware that can be configured and used in a myriad of ways. It is your responsibility to make sure you protect the equipment you purchase from us. In addition, you must make sure that you are using and configuring your equipment in a way that won't conflict with laws in your particular locale and in areas that you might be calling into.

Limited Hardware Warranty

Warranties on computers, peripherals and telephony hardware will NOT be honored unless the ultimate user of the equipment has the following fully functional protective devices installed:

a universal power supply (UPS) to protect computers and peripheral cards and devices from line surges, voltage spikes, electrostatic discharges (including lightening) and power outages
a telephone line surge protector to protect your telephony card(s) from telephony line voltage spikes and surges originating at your telephone service provider, and from electrostatic discharges (lightening)

Over 99% of all failures of Talking Technology computers, peripherals and telephony cards are related to power related anomalies and lightening related near and direct strikes. After inspection of failed equipment it is easy to determine if damage to products sold to you from Talking Technology International, Inc. was caused by surges from your power lines or telephone lines. It is your responsibility to protect yourself against this type of potential damage.

Limited Software Warranty

Software is inherently complex and may not be error-free. Software is not warranted and is provided 'as-is'. However, Talking Technology warrants that the enclosed diskette itself is free from defects in materials and workmanship under normal use for 90 days from the date of purchase. PSC will replace a defective diskette at no charge upon return of the faulty media to PSC with proof of purchase. This is your sole remedy under this license.

The above warranty is in lieu of all other warranties, expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Lost Data

It is your responsibility to make frequent back-ups of all data residing on your computer. Loss of data can can happen for many different reasons, including hardware failures, software issues, electrostatic discharges and power outages. PSC cannot be responsible for loss of data from any computer that we sell to you or loss of data from a computer in which you have installed our products.

No Other Warranties

To the maximum extent permitted by other applicable law, PSC and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and/or any accompanying hardware. Because of the wide variety of computer hardware and software, telecommunication hardware and providers, interconnects, and variation in telephone company protocols, PSC does not warrant that its products will or can function in any particular environment.

Limitation of Liability

Talking Technology International, Inc. will not be liable for direct, indirect, special, incidental or consequential damages, including re-procurement costs, loss of profits, sums paid by the buyer to third parties or loss of data arising out of the use or inability to use Software, even if PSC has been advised of the possibility of such damages. In addition, PSC will assume no liability for any telephone charges, loss of profits, lost data or loss of business whether it be residential or commercial in nature.

In addition to the above limitations of liability, Talking Technology International, Inc. will not assume any liability for violations of Federal, State or local laws related to the outbound telemarketing, auto dialing, automatic announcing or any other method of call processing. It is the individual user that configures and operates hardware and software sold by Talking Technology International, Inc.. Ultimately, Talking Technology International, Inc. has no control over the user(s) of its equipment, and therefore, users of the equipment assume all liabilities, whether the be federal, state or local in nature.

It is the responsibility of each user of equipment manufactured and/or distributed by Talking Technology International, Inc. to determine laws related to how they will utilize equipment in their particular locale. If you have questions related to the legality of a specific application you are planning on implementing, we suggest that you obtain the opinion of a qualified legal professional prior to putting your application online. In addition, if you have not yet purchased equipment from Talking Technology International, Inc. and you are unsure of the legality of an application you are planning on using, we suggest that you receive the opinion of a professional prior to making your purchase from Talking Technology International, Inc..

The foregoing limitations of liability shall apply where any claim is based upon principles of contract, warranty, negligence, or other tart, breach of statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose not withstanding. In any event, PSC's liability shall not exceed the purchase price paid for the product. US Government restricted Rights: The enclosed program and documentation are provided with restricted and limited rights; Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR Sec. 52.227-20, Alternate III(g)(3), FAR Sec. 52.227-19 or DFARS Sec. 52.227-7013(c)(i)(ii), as applicable.

Contractor/manufacturer/distributor is Talking Technology International, Inc., 6558 Lucas Avenue, Suite 301, Oakland, CA 94611.