6
MISCELLANEOUS
This EULA is governed by the laws of the State of Michigan and the fe deral law of the United States of America,
without regard for their conflict of law principles. If you bring any action or claim arising under or related to this
EULA, you may do so only in the Michigan state courts sitting in Oakland County, Michigan or in the United States
District Court for the Eastern District of Michigan – Southern Division.
Should you have any questions concerning this EULA, or if you desire to contact Hamilton Performance Electronics
for any reason, please write: Hamilton Performance Electronics, PO Box 1265, Birmingham, MI 48012-1265.
LIMITED WARRANTY
LIMITED WARRANTY
. Hamilton Performance Electronics warrants that (a) the Software Product will perform
substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date
of receipt by the consumer and (b) any support services provided by Hamilton Performance Electronics will be
substantially as described in applicable written materials provided to you by Hamilton Performance Electronics, and
Hamilton Performance Electronics support engineers will make commercially reasonable efforts to solve any
problem. To the extent allowed by applicable law, implied warranties on the Software Product, if any, are limited to
ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above
limitation may not apply to you.
CUSTOMER REMEDIES
. Hamilton Performance Electronics’ and its suppliers’ entire liability and your
exclusive remedy shall be, at Hamilton Performance Electronics’ option, either (a) return of the price paid, if any, or
(b) repair or replacement of the Software Product that does not meet Hamilton Performance Electronics’ Limited
Warranty and that is returned to Hamilton Performance Electronics with a copy of your receipt. This limited
warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any
replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days
after receipt by you, whichever is longer. Outside the United States, neither these remedies nor any product support
services offered by Hamilton Performance Electronics are available without proof of purchase from an authorized
international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, HAMILTON PERFORMANCE
ELECTRONICS PROVIDES THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES WITH ALL
FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU; AND HAMILTON PERFORMANCE ELECTRONICS MAKES NO
WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE
PRODUCT OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY
PARTICULAR PURPOSE OR OF MERCHANTABILITY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL HAMILTON PERFORMANCE ELECTRONICS OR ITS SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF HAMILTON PERFORMANCE ELECTRONICS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HAMILTON PERFORMANCE
ELECTRONICS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED
TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT
OR US$5.00; BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
