TERMS AND CONDITIONS
Company acknowledges that Services and Training Program Sessions provided are copyrighted by Coastal and/or Coastal’s parent company DSS Sustainable Solutions and contain proprietary rights and proprietary methodologies (hereinafter “Coastal Intellectual Property”). Company’s use of such Coastal Intellectual Property is subject to the terms of this Agreement, applicable patent, copyright and other laws of the United States and other countries, and nothing in this Agreement shall constitute a waiver of the rights of Coastal under such laws. Coastal grants to Company a worldwide, non-exclusive, non-transferable right and license to use such Coastal Intellectual Property solely to provide internal training to Company employees and/or contractors at and for sites operated by Company. Any and all other uses, including any use at any location other than a Company site, for any other commercial purposes, resale, or transfer of the Coastal Intellectual Property to third parties are prohibited. Company agrees not to incorporate the information or ideas contained in the intellectual property in any other work.
Company acknowledges that Coastal is not intended to provide Company and has no responsibility to provide Company with advice relating to the conduct of Company’s operation of its business. Coastal Services under this Agreement constitute consulting and training services relating to aspects of Company’s operations. In no event shall Coastal be deemed to have assumed any responsibility for or control over any part of Company’s operations. It is the sole responsibility of Company to accept or reject any recommendations of Coastal made in providing Services. COASTAL MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR DAMAGES ARISING OUT OF THE PROVISION OF SERVICES. IN NO EVENT WILL COASTAL’S AGGREGATE LIABILITY TO COMPANY FOR ANY DAMAGES ARISING FROM THE BREACH OF THIS AGREEMENT OR THE PROVISION OF ANY SERVICES OR TRAINING PROGRAM SESSIONS OR ANY OTHER SERVICE PROVIDED TO COMPANY, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE PAID BY COMPANY TO COASTAL FOR THE SERVICES, AND INFORMATION IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
Coastal disclaims any and all liability and does not make any representations or warranties regarding the use of third party video communication platforms (or similar) for the purposes of remote delivery of any aspect of the provided Services including by not limited to: (a) availability of the remote delivery site at any particular time, (b) freedom from interruptions or errors, (c) transmission to, from or within the site, (d) functionality, (e) lack of viruses, (f) compliance of the services, software and/or content with federal or state laws, or (g) that the site, software or content contained in the site will meet any particular criteria or performance of quality.