DynaVox Series 5, User Manual

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158 DynaVox
You also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed
with the Software, including all copies, Updates and prior versions, to such person or entity; (b) You retain no copies,
including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of
this Agreement and any other terms and conditions upon which You legally purchased a license to the Software.
Notwithstanding the foregoing, You may not transfer education, pre-release, or not-for-resale copies of the Software.
SECTION 10 - LIMITATIONS, LIMITED WARRANTY, LIMITATION OF REMEDIES, INDEMNIFICATION
A.LIMITED WARRANTY
To the original buyer only: DynaVox warrants to You for the period of one (1) year from the date of delivery of the
Software to You as evidenced by a copy of Your receipt, that: (1) The Software, unless modified by You, will perform
substantially the functions described in the documentation provided by DynaVox; and (2) The media on which the
Software is furnished will be free from defects in materials and workmanship under normal use. DynaVox does not
warrant that the Software will meet Your requirements, that the operation of the Software will be uninterrupted or error-
free, or that all Software errors will be corrected. DynaVox is not responsible for problems caused by changes in the
operating characteristics of Computer hardware or Computer operating systems which are made after the release of
the Software nor for problems in the interaction of the Software or the Device with non-DynaVox software. DynaVox
will have no responsibility to replace or refund the purchase price of the media damaged by accident, abuse or
misapplication.
B.NO OTHER WARRANTIES
Except as expressly set forth above, the Software is being delivered to You "AS IS" and DynaVox makes no warranty
as to its use or performance and disclaims any warranty relating to any impact to Your Computer's performance or any
influences on Your Computer. DYNAVOX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DYNAVOX, ITS
EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE
WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO ONE (1) YEAR FROM THE DATE OF DELIVERY OF THE
SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE
SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR
JURISDICTION, DYNAVOX AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE.
C.LIMITATION OF REMEDIES
In order to make a claim under this warranty You must return the defective item with proof of purchase to DynaVox or
an authorized dealer, postage prepaid, during the warranty period. If, in DynaVox's sole discretion, it is unable to
replace defective media or DynaVox is unable to provide corrected Software or corrected documentation, DynaVox
will, at its sole and exclusive option, either replace the Software with a functionally equivalent program at no charge to
You or refund the purchase price of the Software. These are Your sole and exclusive remedies for any claim, including
but not limited to, any claim of breach of warranty.
D.LIMITATION OF LIABILITY, NO LIABILITY FOR CONSEQUENTIAL DAMAGES
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO
EVENT WILL DYNAVOX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY OR SIMILAR
DAMAGES, INCLUDING ANY LOSS OF USE, LOST PROFITS OR LOST, DAMAGED OR CORRUPTED DATA
ARISING OUT OF THE USE, RELIANCE UPON, OR INABILITY TO USE THE SOFTWARE OR ANY DATA
SUPPLIED THEREWITH EVEN IF DYNAVOX OR AN AUTHORIZED DYNAVOX DEALER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR IF SUCH DAMAGES ARE FORESEEABLE, OR FOR ANY CLAIM BY
ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO CASE SHALL DYNAVOX 'S LIABILITY EXCEED THE PURCHASE PRICE OF THE DEVICE AND
SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL