7. Note on Java Support.
The SYSTEM SOFTWARE may contain support for programs written in Java. Java
technology is not fault tolerant and is not designed, manufactured, or intended for use or
resale as on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of Java technology could lead directly to death, personal
injury, or severe physical or environmental damage.
8. Limited Warranty.
•
Limited Warranty
MANUFACTURER warrants that the SOFTWARE will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days
from the date of receipt. Any implied warranties on the SOFTWARE are limited to
ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you.
•
Customer Remedies
MANUFACTURER’S and its suppliers’ entire liability and your exclusive remedy shall
be, at MANUFACTURER’S option, either (a) return of the price paid, or (b) repair or
replacement of the SOFTWARE that does not meet the above Limited Warranty and
which is returned to MANUFACTURER with a copy of your receipt. This Limited
Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
•
No Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION
ABOVE, THE SOFTWARE IS PROVIDED TO THE END USER "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF NON- INFRINGEMENT,
MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS
WITH YOU.
•
No Liability for Consequential Damages
MANUFACTURER OR MANUFACTURER¡¦S SUPPLIERS, INCLUDING MS AND
ITS SUPPLIERS, SHALL NOT BE HELD TO ANY LIABILITY FOR ANY
DAMAGES SUFFERED OR INCURRED BY THE END USER (INCLUDING, BUT
NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE
LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE OR
PERFORMANCE OF THE SOFTWARE.
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