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be available so long as you can show in a reasonable manner that the de-
fect occurred within one (1) year from the date of your original purchase,
and we must receive your warranty claim no later than 30 days after such
1-year period expires. Your claim must be substantiated by a dated sales
receipt or sales slip. In the event the software fails to materially perform in
accordance with the documentation, and upon written notice to LEI within
the Warranty Period and Your return of the Products within the Warranty
Period, LEI shall either (i) use its reasonable efforts to repair at its facili-
ties the software to comply with the Warranty; or (ii) replace the software
to comply with the Warranty. If, in LEI’s sole discretion, LEI is unable to
correct the defect within a reasonable period of time or if in LEI’s opinion
neither option (i) nor (ii) is commercially feasible for LEI, LEI may termi-
nate this License upon notice to You and refund to You the applicable soft-
ware license fees and payments (which shall not exceed LEI’s standard list
price for the software) whereupon You shall remove the Products from all
installed hardware and equipment and return the Products and all copies
thereof to LEI. This Warranty is contingent upon Your proper use of the
Products in accordance with the documentation provided by LEI. The fore-
going states Your sole remedy under the Warranty in this Subsection 5(a).
b.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a), LEI
MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING
THE PRODUCTS, OR ANY OTHER SOFTWARE, MATERIALS, INFOR-
MATION, MAPS, OR SERVICES PROVIDED BY LEI HEREUNDER, IN-
CLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MER-
CHANTABILITY, SATISFACTORY OR MERCHANTABLE QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, OR THOSE ARISING FROM A COURSE OF
DEALING OR USAGE OF TRADE, ALL SUCH WARRANTIES BEING
HEREBY FULLY DISCLAIMED. LEI further disclaims that the functions
contained in the Products will meet Your requirements or that the operation
and use of the Products will be error free. The Warranty does not cover any
copy of the Products that has been altered in any way by You or any third
party, or that has been used by a third party prior to Your use. LEI shall not
be responsible for problems that occur as a result of the use of the Products
in conjunction with other software or hardware that are not provided by LEI
with the Products or that are incompatible with the software or hardware
for which the Products are being acquired. LEI shall not be responsible for
problems resulting from Your failure to maintain any software or hardware
on or with which the Products are installed. Additional statements such as
those made in advertising or presentations, oral or written, do not constitute
warranties by LEI and should not be relied upon as such.
Содержание MAPCREATE 7
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