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either form of transferal to you, the Software is provided “as is” and without any
warranty and liability whatsoever. CDI does not warrant that the functions contained in
the Software will meet your requirements or that the operation of the Software will be
uninterrupted or error free. You assume responsibility for operation of the Software to
achieve your intended results, and for the installation, use, and results obtained from the
Software. Subject to any applicable legislation that prohibits the following exclusions,
CDI MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
MERCHANTABLE QUALI TY, OR NONINFRINGEMENT OF THIRD PARTY
RIGHTS. To the extent permissible, any implied warranties that cannot be excluded as a
matter of law are limited to ninety (90) days from the date of your purchase of the
Software.
Limitation of Remedies:
Subject to any applicable legislation that prohibits the following limitations, CDI’s entire
liability and your exclusive remedy shall be, at CDI’s option, the repair or replacement of
the Software not meeting CDI’s “Limited Warranty.” This remedy is not available if
failure of the Software is the result of misuse, abuse, or a failure to follow the operating
instructions in the accompanying written materials. IN NO EVENT WILL CDI OR ITS
SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST
SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some states or jurisdictions do not allow the exclusion of implied
warranties so the above limitations may not apply to you.
General:
If the Software was installed or downloaded in the United States, this Agreement is
governed by the laws of the State of New Hampshire. If downloaded outside the United
States, this Agreement is governed by the laws of the country in which it was installed or
downloaded.
U
.S. Government Restricted Rights:
The Software and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in
subdeivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause
252.227-7013. Contractor/manufacturer is Contour Design, Inc., 10 Industrial Drive,
Windham, NH 03087.