Software License and Regulatory Information
D-3
Software License Terms And Conditions
Limited Warranty.
Vanguard Managed Solutions warrants for a period of ninety
(90) days from Vanguard Managed Solutions or its customer’s shipment of the
Software to you that (i) the disk(s) on which the Software is recorded will be free
from defects in materials and workmanship under normal use and (ii) the Software,
under normal use, will perform substantially in accordance with Vanguard Managed
Solutions published specifications for that release level of the Software. The written
materials are provided "AS IS" and without warranty of any kind. Vanguard
Managed Solutions entire liability and your sole and exclusive remedy for any
breach of the foregoing limited warranty will be, at Vanguard Managed Solutions
option, replacement of the disk(s), provision of downloadable patch or replacement
code, or refund of the unused portion of your bargained for contractual benefit up to
the amount paid for this Software License.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY
VANGUARD MANAGED SOLUTIONS, AND VANGUARD MANAGED
SOLUTIONS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER
WARRANTIES, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
VANGUARD MANAGED SOLUTIONS DOES NOT WARRANT THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO
ORAL OR WRITTEN REPRESENTATIONS MADE BY VANGUARD
MANAGED SOLUTIONS OR AN AGENT THEREOF SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY. VANGUARD MANAGED SOLUTIONS DOES NOT WARRANT
ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF
SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY
INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Remedies and Damages.
Regardless of whether any remedy set
forth herein fails of its essential purpose, IN NO EVENT SHALL VANGUARD
MANAGED SOLUTIONS OR ANY OF THE LICENSORS, DIRECTORS,
OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE
TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL
OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages
for loss of business profits, business interruption, loss of business information and
the like), whether foreseeable or unforeseeable, arising out of the use or inability to
use the Software or accompanying written materials, regardless of the basis of the
claim and even if Vanguard Managed Solutions or a Vanguard Managed Solutions
representative has been advised of the possibility of such damage. Vanguard
Managed Solutions liability to you for direct damages for any cause whatsoever,
regardless of the basis of the form of the action, will be limited to the price paid for
the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN
CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT
APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Содержание 68390 - Vanguard 320 Router
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