Use of the CheckPOP software (the "Software") is at your sole risk.  The Software and its documentation are provided "AS IS" and without warranty of any kind and MARK HAY AND NEVIS SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.  MARK HAY AND NEVIS SYSTEMS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR ITS DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR ITS DOCUMENTATION WILL BE CORRECTED.  FURTHERMORE, MARK HAY AND NEVIS SYSTEMS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR ITS DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MARK HAY OR NEVIS SYSTEMS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MARK HAY OR NEVIS SYSTEMS BE LIABLE FOR ANY DIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION, EVEN IF MARK HAY OR NEVIS SYSTEMS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.