24 NEC PowerMate eco Getting Started Guide
7.
SUPPORT. For product support, please refer to NECSAM’s support number provided in the
documentation for the SOFTWARE or for your computer. Should you have any questions concerning this
Agreement, or if you desire to contact NECSAM for any other reason, please refer to the address provided in
the documentation for your computer.
8.
LIMITED WARRANTY. THE SOFTWARE IS DISTRIBUTED AND LICENSED “AS IS”,
WITH NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. NECSAM WARRANTS
THAT THE MEDIA CONTAINING THE SOFTWARE IS FREE FROM DEFECTS IN MATERIALS
AND WORKMANSHIP FOR A PERIOD OF SIXTY (60) DAYS AFTER RECEIPT BY YOU. ANY
HARDWARE ACCOMPANYING THE SOFTWARE SHALL BE WARRANTED PURSUANT TO
NECSAM’s THEN-CURRENT HARDWARE LIMITED WARRANTY. SOME
STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED
WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DUE TO THE COMPLEX NATURE OF COMPUTER SOFTWARE, NECSAM AND ITS
LICENSORS DO NOT WARRANT THAT THE SOFTWARE IS COMPLETELY ERROR FREE,
WILL OPERATE WITHOUT INTERRUPTION, OR IS COMPATIBLE WITH ALL EQUIPMENT
AND SOFTWARE CONFIGURATIONS. YOU EXPRESSLY ASSUME ALL RISK FOR USE OF
THE PROGRAM.
CUSTOMER REMEDIES. NECSAM’s and its licensors’ entire liability and your exclusive remedy shall be,
at NECSAM’s option, either (a) return of the actual price paid by you for the SOFTWARE, or (b) repair or
replacement of the media that does not meet this Limited Warranty and which is returned to NECSAM with a
copy of your receipt. This Limited Warranty is void if failure has resulted from accident, abuse, misuse or
misapplication. Any replacement media will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer.
9.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NECSAM AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH REGARD TO THE SOFTWARE. IMPLIED WARRANTIES, IF ANY, ON THE SOFTWARE
ARE LIMITED TO THIRTY (30) DAYS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
10.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NECSAM OR ITS LICENSORS BE
LIABLE FOR ANY CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT OR
INDIRECT DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, PERSONAL INJURY, OR ANY OTHER LOSS WHETHER FOR CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH
THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF NECSAM OR ITS SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NECSAM’S
AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
11.
GOVERNING LAW AND SEVERABILITY. This Software License Agreement and Limited
Warranty are governed by the laws of the State of California, U.S.A. In the event that any of the provisions of
this Agreement or the application of any such provisions to the parties hereto with respect to their obligations
hereunder shall be held by a court of competent jurisdiction to be unlawful or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired, or
invalidated in any manner.