Canberra (we, us, our) warrants to the customer (you, your)
that for a period of ninety (90) days from the date of shipment,
software provided by us in connection with equipment
manufactured by us shall operate in accordance with
applicable specifications when used with equipment
manufactured by us and that the media on which the software
is provided shall be free from defects. We also warrant that
(A) equipment manufactured by us shall be free from defects
in materials and workmanship for a period of one (1) year
from the date of shipment of such equipment, and (B)
services performed by us in connection with such equipment,
such as site supervision and installation services relating to
the equipment, shall be free from defects for a period of one
(1) year from the date of performance of such services.
If defects in materials or workmanship are discovered within
the applicable warranty period as set forth above, we shall, at
our option and cost, (A) in the case of defective software or
equipment, either repair or replace the software or
equipment, or (B) in the case of defective services, reperform
such services.
LIMITATIONS
EXCEPT AS SET FORTH HEREIN, NO OTHER
WARRANTIES OR REMEDIES, WHETHER STATUTORY,
WRITTEN, ORAL, EXPRESSED, IMPLIED (INCLUDING
WITHOUT
LIMITATION,
THE
WARRANTIES
OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) OR OTHERWISE, SHALL APPLY. IN NO
EVENT SHALL CANBERRA HAVE ANY LIABILITY FOR
ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE WHATSOEVER, WHETHER AS A RESULT OF
BREACH OF CONTRACT, TORT LIABILITY (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
REPAIR OR REPLACEMENT OF THE SOFTWARE OR
EQUIPMENT DURING THE APPLICABLE WARRANTY
PERIOD AT CANBERRA'S COST, OR, IN THE CASE OF
DEFECTIVE
SERVICES,
REPERFORMANCE
AT
CANBERRA'S COST, IS YOUR SOLE AND EXCLUSIVE
REMEDY UNDER THIS WARRANTY.
