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LIMITED WARRANTY FOR UbiDuo 3 SOFTWARE AQUIRED IN THE US AND CANADA.
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sComm warrants that the Software will perform substantially in accordance with the accompanying materials for
a period of three hundred sixty-five (365) days from the date of receipt. If an implied warranty or condition is
created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an
implied warranty or condition, but only as to defects discovered during the period of this limited warranty (365
days). As to any defects discovered after the 365-day period, there is no warranty or condition of any kind.
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LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES: Your exclusive remedy for any breach of
this Limited Warranty is as set forth below and in the accompanying Limited Warranty and Return Policy
documents. Except for any refund elected by sComm, you are not entitled to any damages, including but not
limited to con
sequential damages, if the Software does not meet sComm’s Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
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YOUR EXCLUSIVE REMEDY: sComm and its suppliers entire liability and your exclusive remedy for any breach of
this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall
be, at sComm’s option from time to time exercised subject to applicable law, (a) return of the amount pai
d (if
any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty
and that is returned to sComm according to sComm’s instructions. You will receive the remedy elected by sComm
without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the UbiDuo
3 to sComm). This Limited Warranty is void if failure of the Software has resulted from an accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the
original warranty period or for thirty (30) days, whichever is longer, and sComm will use commercially reasonable
efforts to provide your remedy within a commercially reasonable time of your compliance with sComm
’s
warranty remedy procedures. To exercise your remedy, contact sComm by calling (866) 505-7008 or via our
website at
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DISCLAIMER OF WARRANTIES: The Limited Warranty that appears above is the only express warranty made to
you and is provided in lieu of any other express warranties or similar obligations (if any) created by any
advertising, documentation, packaging or other communications. Except for the Limited Warranty and to the
maximum extent permitted by applicable law, sComm and its suppliers provide the Software and support services
(if any) AS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express,
implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of
merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of
responses, of results, of workmanlike effort, of lack of viruses, and lack of negligence, all with regard to the
Software, and the provision of or failure to provide support or other services, information, software, and related
content through the Software or otherwise arising out of the use of the Software. Also, there is no warranty or
condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with
regard to the Software.
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EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES: To the maximum extent
permitted by applicable law, in no event shall sComm or its suppliers be liable for any special, incidental, punitive,
indirect or consequential damages whatsoever including, but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to
meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other
loss whatsoever arising out of or in any way related to that use of or inability to use the Software. The provision
of or failure to provide support or other services, information, software, and related content through the
software or otherwise arising out of the use of the software or otherwise under or in connection with any
provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability,
breach of contract or breach of warranty of sComm or any supplier, and even if sComm or any supplier has been
advised of the possibility of such damages.
