Alacritech 100 Series User’s Guide - Rev 4
A-3
LIMITED MEDIA WARRANTY: Alacritech warrants that the media on
which the Software is furnished will be free from defects in material and
workmanship for a period of one (1) year from the date of purchase. Upon
return of such defective media, Alacritech’s entire liability and your
exclusive remedy shall be the replacement of the Software.
Exclusions of other warranties: THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY, MERCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. Alacritech does not warrant or
assume responsibility for the accuracy or completeness of any information,
text, graphics, links, or other items contained within the Software.
LIMITATION OF LIABILITY: IN NO EVENT SHALL ALACRITECH
HAVE ANY LIABILITY FOR ANY INDIRECT OR SPECULATIVE
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITING
THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND
SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO,
INFRINGEMENT OF INTELLECTUAL PROPERTY,
REPROCUREMENT COSTS, LOSS OF USE, BUSINESS
INTERRUPTIONS, AND LOSS OF PROFITS, IRRESPECTIVE OF
WHETHER ALACRITECH HAS ADVANCE NOTICE OF THE
POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
AUDIT: Alacritech reserves the right to have audits conducted to verify
your compliance with this Agreement.
TERMINATION OF THIS LICENSE: Alacritech may terminate this
license at any time if you are in breach of any of its terms and conditions.
Upon termination, you will immediately destroy the Software and
documentation or return all copies of the Software and documentation to
Alacritech.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and
documentation were developed at private expense and are provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in FAR 52.227-14 and
DFAR 252.227-7013 et seq. or its successor. Use of the software by the
Government constitutes acknowledgment of Alacritech’s proprietary rights
therein. Contractor or Manufacturer is Alacritech Inc., 234 E. Gish Road,
San Jose, CA 95112.
