representation and may only be modified in a written amendment signed by an authorized
CalAmp representative or by a specific prior or subsequent written agreement between
the parties. If any provision of this Agreement shall be unlawful, void or for any reason
unenforceable, that provision shall be deemed severable from, and shall in no way affect
the validity or enforceability of, the remaining provisions.
7 Limited Warranty
Covering the Physical Media and Printed Materials:
CalAmp warrants to you, the
original licensee, that the media on which the Software is recorded are free from defects
in materials and workmanship under normal use and service FOR A PERIOD OF
NINETY (90) DAYS FROM THE DATE OF DEVELOPER LICENSE PURCHASE.
CalAmp’s entire liability and your exclusive remedy as to defective media,
Documentation or Related Material(s) shall be replacement of the media, Documentation
or Related Material(s) by CalAmp. Each defective item, along with proof of license
purchase and date, must be sent in a traceable manner to: CalAmpDataCom Inc., 1401
North Rice Ave. Oxnard, CA 93030.
Disclaimer Regarding the Software, Documentations and Related Materials:
THE
SOFTWARE, DOCUMENTATION AND RELATED MATERIALS ARE PROVIDED
“AS IS.” EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN,
CALAMP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR
RELATED MATERIALS INCLUDING BY WAY OF EXAMPLE, AND NOT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF FURTHER EXAMPLE
AND NOT LIMITATION, CALAMP MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY,
RELIABILITY OR COMPLETENESS OF THE DOCUMENTATION OR THE
RELATED MATERIALS. THE ENTIRE RISK AS TO THE USE OF THE
SOFTWARE, DOCUMENTATION AND RELATED MATERIALS IS ASSUMED BY
YOU. IN NO EVENT SHALL CALAMP BE LIABLE TO YOU OR ANY OTHER
PERSON, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR
ACCURACY OF THE SOFTWARE, DOCUMENTATION OR RELATED
MATERIALS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR
USE OF THE SOFTWARE, DOCUMENTATION OR RELATED MATERIALS,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT
THE FOREGOING IS FOUND BY A COURT OF COMPETENT JURISDICTION TO
BE INEFFECTIVE, YOU HEREBY AGREE THAT CALAMP’S MAXIMUM
LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THE
SOFTWARE, DOCUMENTATION AND/OR RELATED MATERIALS (WHETHER
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