LIMITED WARRANTY
What is covered? GI warrants to the original customer that (i) the diskette (if applicable)
on which the enclosed software is recorded is free from defects in materials and
workmanship under normal use, and (ii) the software will perform substantially in
accordance with the User Guide. EXCEPT AS EXPRESSLY STATED IN THIS
PARAGRAPH, THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE
PROGRAMS, DOCUMENTATION, AND OTHER FILES ON THE DISKETTES ARE
PROVIDED “AS IS.”
How long does this Limited Warranty last? This Limited Warranty continues for ninety
(90) days from the date of shipment of the software to the original customer (the
“Warranty Period”).
What will GI do? GI will replace any diskette (if applicable) which proves defective in
materials or workmanship, if you return the diskette postage paid to the place where
you obtained it during the Warranty Period with a dated proof of purchase. GI will, at
its option, either replace the diskette or correct any software that does not perform
substantially in accordance with the User Guide if, during the Warranty Period: (i) you
notify GI in writing of any claimed defects in the software, (ii) you return the diskette
containing the software to GI, and (iii) GI is able to duplicate the defects on its
computer system.
If GI is unable to replace a defective diskette or to provide corrected software within a
reasonable time, GI will, at its option, either replace the software with functionally
equivalent software or refund the license fees paid by the original customer. THESE ARE
YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have
against GI arising out of or in connection with this product, whether made or suffered
by you or another person and whether based in contract or tort.
IN NO EVENT SHALL GI BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE, PRODUCT OR DOCUMENTATION (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY, EVEN IF GI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (SOME STATES DO
NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY
NOT APPLY TO YOU.)
IN NO CASE SHALL GI’S LIABILITY EXCEED THE AMOUNT YOU PAID IN LICENSE
FEES FOR THE RIGHT TO USE A SINGLE COPY OF THIS SOFTWARE. GI’S
SOFTWARE PRICING REFLECTS THIS ALLOCATION OF RISK AND LIMITATIONS
ON LIABILITY CONTAINED IN THIS LIMITED WARRANTY.
What additional provisions should I be aware of? Because it is impossible for GI to know
the purposes for which you acquired this software and accompanying product or the
uses to which you will put this software and accompanying product, you assume full
responsibility for the selection of the software and accompanying product, and for their
installation and use and the results of that use.
While every reasonable effort has been made to insure that you will receive software
that you can use and enjoy, GI does not warrant that the functions of the software will
meet your requirements or that the operation of the software will be uninterrupted or
error-free. Due to the complex nature of computer programs, the programs in this
package (like all programs) will probably never be completely error-free.
GI is not responsible for problems caused by changes in the operating characteristics of
the hardware or operating system software you are using which are made after the
release date of this version of the Cable Modem Software, nor for problems in the
interaction of the Cable Modem with any other software. This agreement constitutes
the entire agreement between you and GI regarding the software, product and
documentation, and supersedes any prior representations, understandings and
agreements, either oral or written.
The Limited Warranty gives you specific rights, and you may also have other rights that
vary from state to state. No action for breach of warranty may be commenced more
than one (1) year following the expiration of the Warranty Period.
U.S. GOVERNMENT RESTRICTED RIGHTS
The software, product and documentation is provided with RESTRICTED RIGHTS. The
use, duplication or disclosure by the Government is subject to restrictions as set forth
in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at
52.227-7013. The contractor/manufacturer is General Instrument Corporation, 6450
Sequence Drive, San Diego, California 92121.
