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ARTICLE 7 - WARRANTY
7.1
Warranty
SciCan warrants that it has title to and/or the authority to grant licenses of the SciCan Software
Product. Customer’s exclusive remedy with respect to breach of this provision will be pursuant to
Article 6 (Patent and Copyright Indemnity).
7.2
Functionality
SciCan warrants for a period of ninety (90) days from the Effective Date that the SciCan Software
Product, unless modified by Customer and provided that all Updates have been installed, will
perform, in all material aspects, the functions described in the Documentation when operated on
the related SciCan Equipment.
7.3
Services
SciCan reserves the right to charge Customer for services performed by SciCan in connection
with reported failures which are later determined to be caused by operator error, untrained users,
site electrical malfunction, software or hardware not supplied or recommended by SciCan or by
alterations or additions to the SciCan Equipment or the SciCan Software Product other than by
way of Updates or by persons other than SciCan employees or consultants.
7.4
DISCLAIMER
THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
ARTICLE 8 - LIMITATION OF LIABILITY
8.1
LIMITED LIABILITY
EXCEPT AS PROVIDED IN Article 6 (PATENT AND COPYRIGHT INDEMNITY), SCICAN’S
LIABILITY FOR DAMAGES UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE
AMOUNT PAID BY LICENSEE TO SCICAN FOR THE SCICAN EQUIPMENT IN CONNECTION
WITH WHICH THE CLAIM AROSE. IN NO EVENT WILL SCICAN BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SCICAN LICENSORS BE LIABLE FOR
ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER
BASED IN CONTRACT, TORT, OR ANY LEGAL THEORY. THE PARTIES AGREE TO THE
ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION 8.1.
10. SciCan Software Product License
