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This warranty shall be governed by the laws of the State of California and the parties
irrevocably submit to the exclusive jurisdiction of the courts of the State of California for
any dispute arising out of this warranty.
Software Warranty
Mobility warrants the media, on which the software that accompanies this product is
furnished, to be free of defects that substantially impair the use of the software for a
period of ninety (90) days from the date of shipment.
This warranty applies only to software products. The warranty for hardware products is
described elsewhere.
Mobility does not warrant that the operation of the program will meet your requirements
or be error-free. The program is provided “AS IS” without warranty of any kind. The
entire risk as to the quality and performance of the program is with the purchaser. If the
program proves defective or inadequate, purchaser assumes the entire cost of servicing or
repair.
MOBILITY MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THIS SOFTWARE. MOBILITY SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
MOBILITY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL
OPERATE UNINTERRUPTED OR ERROR-FREE. Some states or provinces do not
allow limitations on how long an implied warranty lasts, so the above limitation or
exclusion may not apply to you. However, any implied warranty of merchantability or
fitness is limited to the ninety (90) day duration of this written warranty.
Purchaser's exclusive remedy shall be the replacement of defective media which is
returned to Mobility. If Mobility is unable to replace the media within a reasonable
amount of time, the purchaser may terminate this agreement by returning the program
and all copies, documentation and proof of purchase for a refund of the purchase price.
THE REMEDIES PROVIDED HEREIN ARE PURCHASER'S SOLE AND
EXCLUSIVE REMEDIES. IN NO EVENT SHALL MOBILITY BE LIABLE FOR
ANY LOST PROFITS, ECONOMIC LOSS, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED
ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
This warranty shall be governed by the laws of the State of California and the parties
irrevocably submit to the exclusive jurisdiction of the courts of the State of California for
any dispute arising out of this warranty.
