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Licence Agreement
37
notice if you fail to comply with any term or condition of this Agreement. Upon any
termination you must destroy all copies of the Software in any form.
Limited Warranty
Vendor warrants the CD-ROM, on which part of the Software is provided, to be
free of defects in materials and workmanship under normal use for ninety (90) days
after the date of receipt. The Vendor’s and its suppliers’ entire liability and your
exclusive remedy under this warranty (which is subject to you returning the
Software according to instructions on http://www.ericsson.com/developerszone
with a copy of your receipt) will be, at Vendor’s option, to replace the disc(s)/
diskette(s) or refund the purchase price for the Software and terminate this
Agreement.
Except for the above express limited warranties, Vendor and its suppliers make
and you receive no warranties or conditions either express, implied, statutory or
otherwise and Vendor and its suppliers specifically disclaim any implied warranties
of merchantability and fitness for a particular purpose. Vendor does not warrant
that the Software will be uninterrupted or error free. You assume the responsibility
for the selection of the program and hardware to achieve your intended results;
and for the installation, use and results obtained from the Software.
Some jurisdictions do not allow limitations on duration of an implied warranty, so
the above limitation may not apply to you.
Intended Use
The Software shall be used in accordance with the instructions and for its intended
use and purpose only. The software or part of it is not permitted to be used in for
example life support systems, nuclear facility applications, missile technology,
chemical or biologized industry or of flight navigation or communication of air,
ground support equipment or other similar business, if failure to perform on behalf
of the software in any way, could result in personal injury, death, damage to
tangibles or environmental damage.
Limitation of Liability
In no event shall Vendor or its suppliers be liable for any indirect or consequential
losses or damages whatsoever including loss of data, loss of business, loss of
profits, business interruption or personal injury arising out of the use of or inability
to use this Software. Vendor and its suppliers entire liability under this Agreement
shall be limited to the amount actually paid by Licensee for the Software.