2.7 Upgrades, Updates, and Fixes: BirdAI may provide Licensee, from time to time, with Upgrades, Updates, or Fixes, as detailed herein and according to his sole discretion. You hereby warrant to keep The Software up-to-date and install all relevant updates and fixes, and may, at your sole discretion, purchase upgrades, according to the rates set by BirdAI. BirdAI shall provide any update or fix free of charge; however, nothing in this Agreement shall require BirdAI to provide Updates or Fixes. Fix, for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the Software’s functionality.
2.8 Limited License. You acknowledge and agree that (i) the Software is the property of BirdAI and is licensed and not sold to You under the EULA and (ii) the Software uses, embodies, and contains confidential and proprietary information and technology of BirdAI and/or its licensors and embodies trade secrets and intellectual property of BirdAI and/or its licensors. Your rights in the Software are strictly limited to those license rights expressly granted under Section 1.1 above, and BirdAI retains all rights not expressly granted herein. Without limiting the foregoing, BirdAI and/or its licensors retain all right, title, and interest in and to BirdAI’s Intellectual Property Rights, including but not limited to: (i) all software code (source and object), functionality, technology, system or network architecture and user interfaces and all modifications thereto and (ii) all trade secrets, patents, copyrights, and other intellectual property rights with respect to the Software. You further acknowledge that there are no implied licenses granted under the EULA.
2.9 Disrepute. You shall not commit any act likely to result in the disrepute or harming of interests of BirdAI ‘s name or the name of its third-party suppliers, whether through explicit act or omission.
3. Liabilities, warranties, and indemnification
3.1 Disclaimer of warranties. no warranties. the software and the site are provided “as is” and “as available” without any warranty of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BirdAI makes no warranty that (i) the
software will meet your requirements, (ii) the software will be uninterrupted, timely, secure, error-free, or virus-free, (iii) the results that may be obtained from the use of the software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the software will meet your expectations, and (v) any errors in the software will be corrected. no advice or information, whether oral or written, obtained by you from BirdAI or through or from the software shall create any warranty not expressly stated herein.
3.2 Carrier lines. You acknowledge that access to the software will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “carrier lines”) owned, maintained and serviced by third-party carriers, utilities, internet service providers, all of which are beyond BirdAI’s control. BirdAI assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
3.3 Unauthorized access; lost or corrupt data. BirdAI is not responsible for unauthorized access to any data, facilities, or equipment by anyone using the software or for unauthorized access to or alteration, theft, corruption, loss, or destruction of any data files, programs, procedures, or information through the software, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output and reports. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. BirdAI is not responsible for the content of any information transmitted or received through BirdAI’s provision of the software. any material downloaded or otherwise obtained through, the use of the software is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer service or loss of data that results from the download of any such material. BirdAI shall not be held responsible for data hosted on its servers and you are solely responsible for maintaining local copies of your data and maintaining proper and sufficient insurance if coverage is required with respect to data loss.
page or other material that does not bear the BirdAI logo is provided by a third party.
3.5 Warranties required by applicable law. if applicable law requires any warranties with respect to the software, all such warranties are limited in duration to thirty (30) days from the date you downloaded the software.
3.6 Limitation of liability. in no event shall BirdAI be liable to you or any third party for any indirect, special, incidental, exemplary, punitive, cover, or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the software and based on any theory of liability including without limitation breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise,
even if BirdAI or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. BirdAI ‘s total liability to you and third parties for actual damages for any cause whatsoever will be limited to the amount paid by you for the software. the provisions of this section allocate the risks under the EULA between the parties, and the parties have relied on these limitations in determining whether to enter in the EULA and how to price the software. some jurisdictions may not allow the