This agreement is effective from 7th Jan 2020.
For the period of time described below, En-trak warrants that the Service and Licensed Software, when used as permitted under this Agreement and in accordance with the Documentation, will operate substantially as described in the Documentation. En-trak, on behalf of itself and its licensors, does not warrant that your use of the Service or Licensed Software will be error free or uninterrupted. En-trak is not liable whatsoever for interruptions in the Service stemming from your computers, network hardware, building automation software, internet connectivity, or other elements owned or controlled by you or others that are reasonably required for the Service or Licensed Software to operate. En-trak will, at its own expense and as its sole obligation and as Your sole and exclusive remedy for any breach of this warranty, use commercially reasonable efforts to maintain maximum uptime throughout the term of this Agreement.
Except as to the express warranties in this Section 7, En-trak offers its Service and Licensed Software on an, as is basis. En-trak makes no other warranties, express, implied or statutory, regarding the Service and Licensed Software including any warranties of merchantability, fitness for a particular purpose, title and non-infringement of third-party rights. Subscriber acknowledges that it has relied on no warranties other than the express warranties in this Section 7.
In no event will En-trak or its licensors be liable for any consequential, indirect, exemplary, special or incidental damages, including any lost data and lost profits, arising from or relating to this Agreement. In no event will En-trak’s Total Cumulative Liability in connection with this Agreement, the Service and the Licensed Software, whether in contract or tort or otherwise, exceed the amount of Service Fees actually paid to En-trak hereunder. Subscriber acknowledges that the Service Fees reflect the allocation of risk set forth in this Agreement and that En-trak would not enter into this Agreement without these limitations on its liability.