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TeraPac User Operation and Maintenance Guide
Warranties and Liabilities
MaxVision Corporation warrants that the Product, in the course of its normal use, will conform to MaxVision's
specifications and be free from defects in material and workmanship for a period of twelve (12) months from the date of
the original sale. Such warranty commences on the purchase date appearing on the invoice. The original end user is
entitled to customer support through telecommunication during normal MaxVision business hours and email support to be
responded to as support staff are available. Such support shall be limited to hardware operations and the software
required operating such hardware. Upon written request and subject to the availability of MaxVision personnel, additional
support may be provided by MaxVision in its sole discretion on a time and materials basis.
Limited Warranty for Software
. MaxVision warrants to the original end user only that the Software as delivered at the
time of purchase will perform in MaxVision hardware, and that the original diskettes or compact disks are free from
defects in material and workmanship under normal use, for a period of thirty (30) days from the date of original sale,
provided the Software is used with a MaxVision unit. MaxVision makes no warranty that the Software will work in
combination with any hardware or software products provided by third parties, that the operation of the Software will be
uninterrupted or error-free, or that all defects in the Software will be corrected. This limited warranty is void if failure of the
Software has resulted from accident, abuse, or misapplication. MaxVision's entire liability, and your sole and exclusive
remedy shall be, at MaxVision's option, either to (a) correct or help you work around or avoid a reproducible Error or (b)
replace defective diskettes or compact disks. Any replacement Software will be warranted for the remainder of the original
Limited Software Warranty Period.
Limited Warranty for the Product
. MaxVision warrants to the original end user only that all Products sold by MaxVision
will be free from defects in material and workmanship and conform substantially to the applicable standards set forth in
the Documentation, under normal use, for a period of 365 days from the date of original sale. This limited warranty is void
if failure of the Product has resulted from accident, abuse, or misapplication. If MaxVision confirms a Product is defective
after you have obtained a Return Materials Allowance Number for such Product and, at your expense, have returned the
Product to MaxVision for inspection, MaxVision will, at its election, repair or replace such Product at no charge to you.
Replacement Product may be either new or remanufactured. In the event that the Product returned is not defective, you
will be responsible for freight costs for return shipment to you. The foregoing warranty shall not apply to Product that has
been (a) damaged by accident, Acts of God, shipment, improper installation, abnormal physical or electrical stress,
misuse or misapplication, as determined by MaxVision in its sole reasonable discretion, or (b) modified without
MaxVision's express written acceptance of such modification for warranty purposes. MaxVision reserves the right to
charge additional fees for repairs or replacements performed outside the Warranty Period. Any replaced or repaired
components, subassemblies or units as well as spare parts are warranted for thirty (30) days or the remainder of the
original warranty period, whichever is longer. MaxVision shall not be responsible for any software, firmware, information or
memory data of yours contained in, stored on, or integrated with any Products returned to MaxVision pursuant to any
warranty under this Agreement.
Disclaimer of Warranties
. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, NEITHER MAXVISION NOR ITS
LICENSORS OR SUPPLIERS PROVIDES ANY WARRANTY OF ANY KIND FOR THE SOFTWARE OR THE
PRODUCT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE AND THE PRODUCT IS WITH YOU. If a disclaimer of implied warranties is
not permitted by law, the duration of any such implied warranty is limited to ninety (90) days from the date of purchase by
the original end user. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an
implied warranty may last, so such limitations or exclusions may not apply to you. This limited warranty gives you specific
legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
Liability Exclusions and Limitations
. IN NO EVENT SHALL MAXVISION OR ITS LICENSORS OR SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR LEGAL FEES, ARISING
OUT OF THE USE OF THE SOFTWARE OR THE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF
MAXVISION OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY HEREUNDER EXCEED THE PURCHASE
PRICE PAID BY YOU. This limitation shall apply notwithstanding any failure or inability to provide the limited remedies set
forth above. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation(s) or exclusion(s) may not apply to you.
