Sonifex Flashback 8, Handbook

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iii
Warranty
c. Any products which are not returned to Sonifex within the warranty
period or which have been subject to accident, abuse, misuse, alteration,
neglect, or unauthorised repair or installation are not covered by warranty.
4. Warranty Disclaimer
EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES, SONIFEX
MAKES NO WARRANTIES ON THE SOFTWARE, WHETHER EXPRESSED,
IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT
OR COMMUNICATION WITH LICENSEE, AND SONIFEX SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SONIFEX DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE BY LICENSEE WILL BE UNINTERRUPTED OR
ERROR FREE. LICENSEE ASSUMES RESPONSIBILITY FOR SELECTION OF THE
SOFTWARE AND HARDWARE TO ACHIEVE ITS INTENDED RESULTS, AND
FOR THE PROPER INSTALLATION, USE, AND RESULTS OBTAINED FROM THE
SOFTWARE. EXCEPT FOR THE ABOVE EXPRESSED LIMITED WARRANTIES,
LICENSEE ASSUMES THE ENTIRE RISK OF THE SOFTWARE PROVING
DEFECTIVE OR FAILING TO PERFORM PROPERLY AND IN SUCH EVENT,
LICENSEE SHALL ASSUME THE ENTIRE COST AND RISK OF ANY REPAIR,
SERVICE, CORRECTION, OR ANY OTHER LIABILITIES OR DAMAGES CAUSED
BY OR ASSOCIATED WITH THE SOFTWARE.
SONIFEXS’ SOLE LIABILITY, AND LICENSEE’S SOLE REMEDY, IS SET FORTH
ABOVE.
5. Object Code
Licensee shall not attempt to reverse translate, de-compile or otherwise
attempt to derive the source code of the Software. In the event any
source code is explicitly licensed to Licensee as part of the Software, such
limitation will not apply to such source code. Licensee shall not alter or
remove from the Software any copyright, trademark or other proprietary
notices of Sonifex and/or Sonifex’s licensors. Any use or attempted use of
the Software in violation of the foregoing restrictions is a breach of the
Agreement which will cause irreparable harm to Sonifex, entitling Sonifex to
injunctive relief in addition to all
legal remedies.
6. Limitation of Liability
a. Licensee agrees that Sonifex’s entire liability to Licensee and Licensee’s
sole remedy hereunder for any cause whatsoever, regardless of the form
of the action, and at Sonifex’s option, shall be limited to either (a) the price
paid to Sonifex for the Software and Hardware or (b) repair or replacement
of the Software or Hardware that does not meet Sonifex’s Limited Warranty
and which is returned to Sonifex with a copy of Licensee’s receipt or invoice.
Any replacement Software or Hardware will be warranted for the remainder
of the original warranty period or 30 days, whichever is longer.