Headwind SMS software products

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The software is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Licensor makes no warranty that (i) the software will meet your requirements, (ii) the use of the software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the software will be accurate or reliable, (iv) the quality of the software will meet your expectations, (v) any errors in the software will be corrected, and/or (vi) you may use, practice, execute, or access the software without violating the intellectual property rights of others. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

In no event shall licensor be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not licensor had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the software. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

In no event shall the software be used to send SMS messages to owners of mobile phone numbers who did not explicitly assent (opt-in) the receipt of messages. Sending of unsolicited SMS messages (SMS spam) and using any third-party databases for bulk sending of SMS messages is prohibited. The licensor disclaims any liability for such actions of the software users as well as for other malicious use of the software.