Wyse Winterm 3200LE, Administrator'S Manual

Page: 11 / 352

ix
8. Limited Warranty
• Limited Warranty
MANUFACTURER warrants that the SOFTWARE will perform substantially in
accordance with the accompanying written materials for a period of ninety (90)
days from the date of receipt. Any implied warranties on the SOFTWARE 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
MANUFACTURER’S and its suppliers’ entire liability and your exclusive remedy
shall be, at MANUFACTURER’S option, either (a) return of the price paid, or (b)
repair or replacement of the SOFTWARE that does not meet the above Limited
Warranty and which is returned to MANUFACTURER with a copy of your
receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted
from accident, abuse, or misapplication. Any replacement SOFTWARE will be
warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer.
• No Other Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY
SECTION ABOVE, THE SOFTWARE IS PROVIDED TO THE END USER “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK OF THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU.
• No Liability for Consequential Damages
MANUFACTURER OR MANUFACTURER’S SUPPLIERS, INCLUDING MS
AND ITS SUPPLIERS, SHALL NOT BE HELD TO ANY LIABILITY FOR ANY
DAMAGES SUFFERED OR INCURRED BY THE END USER (INCLUDING,
BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION
WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE.
If you acquired this EULA in the United States, this EULA is governed by the laws
of the State of Washington.
If you acquired this EULA in Canada, this EULA is governed by the laws of the
Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the
jurisdiction of the courts of the Province of Ontario and further agrees to commence
any litigation which may arise hereunder in the courts located in the Judicial District
of York, Province of Ontario.