PowerSeries Neo Installation Guide
problems in the interaction of the SOFTWARE PRODUCT with non-DSC-SOFTWARE
or HARDWARE PRODUCTS.
(c) LIMITATION OF LIABILITY; WARRANTY REFLECTS ALLOCATION OF RISK
- IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS
NOT STATED IN THIS LICENSE AGREEMENT, DSC’S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE
THE SOFTWARE PRODUCT AND FIVE CANADIAN DOLLARS (CAD$5.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(d) DISCLAIMER OF WARRANTIES - THIS WARRANTY CONTAINS THE ENTIRE
WARRANTY AND SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OF
ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DSC. DSC
MAKES NO OTHER WARRANTIES. DSC NEITHER ASSUMES NOR AUTHORIZES
ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR
TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER
WARRANTY OR LIABILITY CONCERNING THIS SOFTWARE PRODUCT.
(e) EXCLUSIVE REMEDY AND LIMITATION OF WARRANTY - UNDER NO
CIRCUMSTANCES SHALL DSC BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES BASED UPON BREACH OF
WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF THE SOFTWARE PRODUCT OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME,
PURCHASERS TIME, THE CLAIMS OF THIRD PARTIES, INCLUDING
CUSTOMERS, AND INJURY TO PROPERTY.
WARNING: DSC recommends that the entire system be completely tested on a regular
basis. However, despite frequent testing, and due to, but not limited to, criminal
tampering or electrical disruption, it is possible for this SOFTWARE PRODUCT to fail
to perform as expected.
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