Warranty Information
Haivision End User Software License Agreement
Makito User’s Guide, v2.1.0, Issue 01
284
4.
REPRESENTATIONS, DISCLAIMER AND LIMITATION OF LIABILITY
4.1
Haivision Warranty.
(a)
Haivision warrants that the Licensed Software will operate substantially in accordance with
the Reference Manuals provided for a term of ninety (90)
days (the “Warranty Period”) after its delivery date.
As Your sole and exclusive remedy for any breach of this warranty, Haivision will use its commercially
reasonable efforts to correct any failure of the Licensed Software to operate substantially in accordance with
the Reference Manuals which is not the result of any improper or unauthorized operation of the License
Software and that is timely reported by You to Haivision in writing within the Warranty Period, provided that
in lieu of initiating commercially reasonable efforts to correct any such breach, Haivision may, in its absolute
discretion, either (i)
replace the Licensed Software with other software or technology which substantially
conforms to the Reference Manuals or (ii)
refund to You a portion of the fee paid for the relevant Product,
whereupon this Agreement shall terminate. This warranty shall immediately terminate if You or any third
party makes or attempts to make any modification of any kind whatsoever to the Licensed Software.
(b)
All proprietary Hardware, if any, will be subject to the then current warranty terms of
Haivision. All non-proprietary Hardware, if any, is sold “AS IS”; however, to the extent that Haivision has
the legal right to do so, Haivision hereby transfers to You any and all warranties made by Haivision's vendors
to Haivision with respect to such non-proprietary Hardware which was sold by Haivision or the Reseller to
You, provided that You expressly acknowledge and agree that Haivision disclaims any and all liability in
connection with any such non-proprietary Hardware, as set forth in Section
of this Agreement.
4.2
Warranty Disclaimers.
(a)
THE EXPRESS WARRANTIES SET FORTH IN SECTION
RESPECT OF THE LICENSED SOFTWARE ARE IN LIEU OF ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING THE LICENSED SOFTWARE,
OR ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANT-
ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS (ALL OF WHICH ARE DISCLAIMED). HAIVISION DOES NOT WARRANT THAT
ANY OF THE LICENSED SOFTWARE WILL MEET ALL OF YOUR NEEDS OR REQUIREMENTS,
OR THAT THE USE OF ANY OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT ALL ERRORS WILL BE DETECTED OR CORRECTED.
(b)
THE EXPRESS WARRANTIES SET FORTH IN HAIVISION’S WARRANTY TERMS
IN RESPECT OF HAIVISION PROPRIETARY HARDWARE ARE IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, REGARDING ANY SUCH
PROPRIETARY HARDWARE, OR ITS OPERATION, FUNCTIONALITY, PERFORMANCE,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL NON-PROPRIETARY HARDWARE SOLD BY HAIVISION OR THE RESELLER TO YOU IS
SOLD “AS IS” EXCEPT FOR HAIVISION’S AGREEMENT TO TRANSFER TO YOU ANY
WARRANTY GIVEN TO IT BY ANY VENDOR FROM WHOM SUCH HARDWARE WAS
PURCHASED FOR RESALE TO YOU HEREUNDER IN ACCORDANCE WITH THE PROVISIONS OF
SECTION
, AND HAIVISION DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, OR STATUTORY, REGARDING ANY SUCH NON-PROPRIETARY HARDWARE, OR
ITS OPERATION, FUNCTIONALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4.3
Liability Limitation. IN NO EVENT SHALL HAIVISION OR ITS OFFICERS, EMPLOYEES,
AGENTS, REPRESENTATIVES, MEMBERS OF HAIVISION, NOR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED SOFTWARE,
