1616-920-03
8/28/2014
Rev: B
7
is responsible for the taxes and duties. When product is out of warranty, Buyer is
responsible for all freight charges, taxes and duties (related to shipments to Seller and
shipments returning to customer). Expedited freight is at Buyer's expense.
1.6.1.2
Software: Software Updates may be required from time to time for system optimization and
improved performance. CSC will use commercially reasonable efforts to provide, on a non‐
priority basis, correction or workaround of the problem by means of telephone support by
means reasonably determined by Seller. Seller agrees that it will support the then‐current
Release of Software for the applicable hardware level. Seller's warranty does not include the
provision of Software Upgrades.
Seller shall incur no liability under this warranty if Seller's tests disclose that the alleged
defect is due to causes not within Seller's reasonable control, including alteration or abuse of
the goods. If a Product is determined not to be defective or to have a defect due to causes not
within Seller's reasonable control, Buyer agrees to pay for such repair at the repair price as
listed in Seller's then current U.S. price list. Buyer also agrees to pay for testing in such
instance.
Seller also warrants, except as stated in Seller's published specifications, or as otherwise
agreed, that any software provided to Customer by Seller shall, to Seller's knowledge as of
the date of this Agreement: (a) contain no hidden files; (b) not replicate, transmit, or activate
itself without control of a person operating computing equipment on which it resides; (c) not
alter, damage, or erase any data or computer programs without control of a person
operating the computing equipment on which it resides; or (d) contains no node lock, time‐
out or other function, whether implemented by electronic, mechanical or other means, which
restricts or may restrict use of access to any programs or data developed under this
Agreement, based on frequency or duration of use, or other limiting criteria.
Seller's Liability: Seller's liability, and Customer's sole and exclusive remedy, shall be limited
to the express remedies set forth in this section.
1.6.2
Disclaimer of Warranties.
EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION, THE PRODUCTS ARE
PROVIDED "AS IS" AND SELLER DISCLAIMS ANY AND ALL OTHER WARRANTIES WHETHER
EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS PROVIDED UNDER THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS WELL AS ANY WARRANTIES
ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, THIS WARRANTY
COVERS THE PRODUCT ONLY, AND NO WARRANTY IS MADE AS TO COVERAGE AVAILABLITIY OR
GRADE OF SERVICE PROVIDED BY EMS SEPARATELY FOR EMS SERVICES.
Software licensed or sold to Buyer by a third party, including without limitation application program
interface software or any other software provided by third parties under a joint marketing, interface
development or other arrangement with Seller, is not a Product for purposes of this Agreement and
Seller provides no warranty, guarantee or other agreement, whether express, implied, or statutory, in
respect thereof and bears no responsibility therefore or for services in respect thereof.
