Appendix B - Warranty, Standards, and Certifications
DynaFlex II| Product Family | Installation and Operation Manual
Page 78 of 78 (D998200554-10)
THE SOFTWARE IS PROVIDED AS IS. LICENSOR MAKES NO OTHER WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Because of the diversity of conditions and hardware under which the Software may be used, Licensor
does not warrant that the Software will meet Licensee specifications or that the operation of the Software
will be uninterrupted or free of errors.
IN NO EVENT WILL THE LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE, OR INABILITY TO USE THE SOFTWARE. Licensee's sole remedy in
the event of a defect in material or workmanship is expressly limited to replacement of the Software
disk(s) if applicable.
GOVERNING LAW:
If any provision of this Agreement is found to be unlawful, void, or unenforceable,
that provision shall be removed from consideration under this Agreement and will not affect the
enforceability of any of the remaining provisions. This Agreement shall be governed by the laws of the
State of California and shall inure to the benefit of MagTek, Incorporated, its successors or assigns.
ACKNOWLEDGMENT:
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS
AGREEMENT, UNDERSTANDS ALL OF ITS TERMS, CONDITIONS, AND RESTRICTIONS, AND
AGREES TO BE BOUND BY THEM. LICENSEE ALSO AGREES THAT THIS AGREEMENT
SUPERSEDES ANY AND ALL VERBAL AND WRITTEN COMMUNICATIONS BETWEEN
LICENSOR AND LICENSEE OR THEIR ASSIGNS RELATING TO THE SUBJECT MATTER OF
THIS AGREEMENT.
QUESTIONS REGARDING THIS AGREEMENT SHOULD BE ADDRESSED IN WRITING TO
MAGTEK, INCORPORATED, ATTENTION: CUSTOMER SUPPORT, AT THE ADDRESS LISTED IN
THIS DOCUMENT, OR E-MAILED TO [email protected].
DEMO SOFTWARE / SAMPLE CODE
: Unless otherwise stated, all demo software and sample code
are to be used by Licensee for demonstration purposes only and MAY NOT BE incorporated into any
production or live environment. The PIN Pad sample implementation is for software PIN Pad test
purposes only and is not PCI compliant. To meet PCI compliance in production or live environments, a
third-party PCI compliant component (hardware or software-based) must be used.
