Software EULA
100-5-01-000
Ripstation Pro – User Manual
Page 4 of 43
b. Remedies. MFD and its suppliers' entire liability and your exclusive
remedy for any breach of the foregoing warranty shall be, at MFD’s
option, either (i) return of the purchase price paid for the license,
if any, or (ii) replacement of the defective media in which the
Software is contained. You must return the defective media to MFD at
your expense with a copy of your receipt. This limited warranty is void
if the defect has resulted from accident, abuse, or misapplication. Any
replacement media will be warranted for the remainder of the original
warranty period.
c. Warranty Disclaimer. Except for the limited warranty set forth
herein, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MFD DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND
RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING
PROVISIONS, MFD MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE
OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. The foregoing provisions shall be enforceable to the
maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MFD OR ITS
SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN
NO EVENT WILL TOPIARY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST
PRICE TOPIARY CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF TOPIARY
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions
shall be enforceable to the maximum extent permitted by applicable law.
7. Miscellaneous. This Agreement is governed by the laws of the
Ireland, without reference to conflict of laws principles, and the
parties agree that the sole location and venue for any litigation which
may arise hereunder shall be Ireland. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. This Agreement sets forth all rights for the user
of the Software and is the entire agreement between the parties. This
Agreement supersedes any other communications with respect to the
Software and Documentation. This Agreement may not be modified except
by a written addendum issued by a duly authorized representative of
MFD. No provision hereof shall be deemed waived unless such waiver
shall be in writing and signed by MFD or a duly authorized
representative of MFD. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force
and effect. The parties confirm that it is their wish that this
Agreement has been written in the English language only.
8. The Software and Documentation are provided with Restricted Rights.
9. You agree not to export this software unless previously agreed with
MFD
Copyright © 2002-2006 MF Digital Ltd, Inc. All Rights Reserved.
