TRACKER® PRO DISCLAIMER
THE TRACKER®PRO SOFTWARE AND INFORMATION PROVIDED THROUGH THE TRACKER®PRO SOFTWARE ARE FURNISHED "AS IS," WITH NO WARRANTY. RYAN, LLC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. RYAN DOES NOT WARRANT THAT THE TRACKER®PRO SOFTWARE, ITS USE, OPERATION, OR YOUR ABILITY TO ACCESS THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL RYAN, LLC. BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PARTY FOR ANY LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFITS OR BUSINESS, COSTS OF COVER OR ANY OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING FROM THE TRACKER®PRO SOFTWARE, OR YOUR USE OR INABILITY TO USE THE TRACKER®PRO SOFTWARE, OR FROM INFORMATION CONTAINED WITHIN OR ACCESSED FROM THE TRACKER®PRO SOFTWARE, WHETHER THE DAMAGES ARE BASED UPON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, EVEN IF RYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
PRIVACY STATEMENT
Ryan, LLC., grants Client the limited, nontransferable, and personal right to use the Software as provided herein. Client hereby acknowledges and agrees that:
(i) the Software, including all specifications, work product, translations, and other materials developed by Ryan; and
(ii) the terms and conditions of your Agreement contain highly confidential, unique, secret, and valuable information of Ryan and Ryan’s licensors. Client agrees that it shall not sell, transfer, publish, disclose, display, or otherwise make available to others the Software, any materials relating to or forming a part of the Software, or any other Ryan, LLC. proprietary information without Ryan’s prior written consent. Client agrees to secure and protect the Software and proprietary information and to take appropriate action by written agreement with its employees who are permitted access to such materials to satisfy its obligations hereunder. Client further agrees to exercise commercially reasonable efforts to assist Ryan in identifying and preventing the use or disclosure of any portion of the Software or proprietary information. All Client obligations and undertakings relating to confidentiality and nondisclosure shall survive the termination of this Click Through License for any reason.