© 2009 SpinetiX S.A. All rights reserved.
46
SpinetiX may terminate this Agreement at any time by delivering notice to you, and you
may terminate this Agreement at any time by removing all copies of the Product from
your computer and destroying all Product materials. This Agreement is personal to you
and you agree not to assign your rights under it. This Agreement shall be governed by
and construed in accordance with the laws of Switzerland relating to intellectual property
in general, and to copyrights, patents, and trademarks in particular. You agree to submit
all disputes to the exclusive jurisdiction of courts or tribunals located within the territorial
boundaries of Switzerland.
LIMITED WARRANTY
SpinetiX warrants that the software will perform substantially in accordance with the
accompanying user documentation for a period of 90 days from the date of receipt.
THE PRODUCT IS PROVIDED WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
SPINETIX SHALL NOT BE LIABLE: (A) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT,
CONTRACT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION)
RESULTING FROM YOUR USE OF THE PRODUCT OR YOUR INABILITY TO USE THE
PRODUCT, EVEN IF SPINETIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES; OR (B) FOR ANY CLAIM BY ANY PARTY OTHER THAN YOU. IN NO EVENT
SHALL SPINETIX’ LIABILITY TO YOU EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR
THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
SpinetiX entire liability and your exclusive remedy shall be, at SpinetiX’ option, either (a)
return of the price paid or (b) repair or replacement of the software. This Limited
Warranty is void if failure of the software has resulted from abuse, or misapplication. Any
replacement software will be warranted for the remainder of the original warranty period
or 30 days, whichever is longer. Neither these remedies nor any product support services
offered by SpinetiX are available without proof of purchase from an authorized source.
