materials and workmanship under normal use and service for a period
of thirty (30) days from the date of delivery to you as evidenced by
the invoice. If such a defect exists, you may return the entire package,
including packaging, postage prepaid with a copy of the invoice to
ARGON at the address listed below. ARGON may, at its option, (a)
return the purchase price, or (b) replace the media. If failure of the
media has resulted from accident, abuse, or misapplication, ARGON
shall have no responsibility whatsoever to refund the purchase price or
replace the media. In the event of replacement of the media, the
replacement media will be warranted for the remainder of the original
warranty period or fifteen (15) days, whichever is longer. This remedy
is your exclusive remedy for a breach of this warranty, and ARGON’s
entire liability and only warranty made with respect to the Software
and printed materials. This limited warranty gives you specific legal
rights, and you may have other rights which vary from jurisdiction to
jurisdiction.
11.
LIMITATION ON LIABILITY:
OTHER THAN AS PROVIDED IN
SECTION 10 ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAWS, THE SOFTWARE AND PRINTED MATERIALS ARE
PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION OF ANY
KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY
NOT APPLY TO THE LICENCEE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY ARGON, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR
IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ASSUME THE
ENTIRE RISK AS TO THE USE AND
PERFORMANCE OF THE SOFTWARE OR
PRINTED MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS, OR OTHERWISE. IN NO EVENT SHALL
ARGON, ITS AGENTS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE
AND/OR PRINTED MATERIALS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES
FOR LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ARGON OR
ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR CLAIM, OR IT IS FORESEEABLE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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