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item to be replaced with proof of payment to Polar/HealthFirst Corporation
during the 90-day period after having taken delivery of the software.
Polar/HealthFirst Corporation excludes any and all implied warranties, including
warranties of merchantability and fitness for a particular purpose and limits your
remedy to return the software and documentation to Polar/HealthFirst
Corporation for replacement.
Although Polar/HealthFirst Corporation has tested the software and reviewed the
documentation, POLAR/HEALTHFIRST CORPORATION MAKES NO
WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED,
WITH RESPECT TO THIS SOFTWARE OR DOCUMENTATION, ITS
QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND
DOCUMENTATION ARE LICENSED “AS IS” AND YOU, THE LICENSEE,
ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND
PERFORMANCE.
IN NO EVENT WILL POLAR/HEALTHFIRST CORPORATION BE LIABLE
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE OR DOCUMENTATION, even if advised of the possibility of
such damages. In particular, Polar/HealthFirst Corporation shall have no liability
for any data stored or processed with this software, including the costs of
recovering such data.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE
EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN,
EXPRESSED OR IMPLIED. No Polar/HealthFirst Corporation dealer, agent, or
employee is authorized to make any modifications or additions to this warranty.
Information in this document is subject to change without notice and does not
represent a commitment on the part of Polar/HealthFirst Corporation. The
software described in this document is furnished under this license agreement.
The software may be used or copied only in accordance with the terms of the
agreement. It is against the law to copy the software on any medium except as
specifically allowed in the license agreement. No part of this manual may be
reproduced or transmitted in any form or by any means, electronic or
mechanical, including photocopying and recording, for any purpose without the
written permission of Polar/HealthFirst Corporation.
Some states do not allow the exclusion of implied warranties or liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you. This warranty
gives you specific legal rights, and you may also have other rights, which vary, from state to
state.