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11.3 Software Support
SOFTWARE support is not provided by Manufacturer, or its affiliates or subsidiaries separate
from the HARDWARE. For SOFTWARE support, please contact your supplier of the
HARDWARE. SOFTWARE support is limited to the warranty period stated below unless either a
separate contract has been consummated between you and the manufacturer or the
manufacturer has agreed in writing at the time of purchase by you of the software to an extension
of the warranty. Should you have any questions concerning this LICENSE, or if you desire to
contact Manufacturer for any other reason, please refer to the address provided in the
documentation for the HARDWARE.
11.4 Export Restrictions
You agree that you will not export or re-export the SOFTWARE to any country, person, or entity
subject to U.S. export restrictions. You specifically agree not to export or re-export the
SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the export of goods
or services, which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the products back to such country; (ii) to any person or entity
who you know or have reason to know will utilize the SOFTWARE or portion thereof in the
design, development or production of nuclear, chemical or biological weapons; or (iii) to any
person or entity who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government.
11.5 Limited Warranty
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of shipment from
TeleComp R&D or a designated manufacturer. Software support is limited to the hours of 9 AM to
5 PM ET Monday through Friday excluding TeleComp R&D observed holidays. Other coverage
and extended warranty may be purchased at additional cost. 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.
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 this 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
.
11.6 No Other Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
11.7 Special Provisions
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the United States Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and HARDWARE Software clause at
