THE STRATUS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE STRATUS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KINEMAGIC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STRATUS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. KINEMAGIC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THE KINEMAGIC STRATUS PLUG-IN, STRATUS SOFTWARE, AND VR COMPATIBLE DEVICES AND HARDWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
KINEMAGIC disclaims all express or implied conditions, representations, and warranties of any kind regarding THE STRATUS SERVICES, including any implied warranty or condition of merchantability.
You assume all risk for any damage to your computer systems and network for any damage to your computer system by USING THE STRATUS SERVICES, including any damages resulting from computer viruses.
You agree and acknowledge that (i) nothing in the stratus services constitutes engineering or other professional design, (ii) Kinemagic is not providing the services as the basis for or in lieu of an engineering or other professional design, and (iii) YOU ARE NOT RELYING ON THE SERVICES as the basis for or in lieu of an engineering or other professional design.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL KINEMAGIC, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, WRONGFUL DEATH, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.