16
Limited Software Warranty
LIMITED WARRANTY. SOCKET warrants that the original disk or CD ROM is
free from defects for 90 days from the date of delivery of the SOFTWARE.
CUSTOMER REMEDIES. SOCKET’S entire liability and your exclusive remedy
shall be, at SOCKET’S option, either (a) return of the price paid or (b) replacement
of the SOFTWARE which does not meet SOCKET’S Limited Warranty and which is
returned to SOCKET with a copy of your receipt. Any replacement SOFTWARE will
be warranted for the remainder of the original warranty period or 30 days, whichever
is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE
UNITED STATES OF AMERICA.
NO OTHER WARRANTIES. SOCKET disclaims all other warranties, either express
or implied, including but not limited to implied warranties of merchantability and
fitness for a particular purpose, with respect to the SOFTWARE and the
accompanying written materials. This limited warranty gives you specific legal
rights. You may have others which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall SOCKET
or its suppliers be liable for any damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use of or inability to use the
SOFTWARE, even if SOCKET has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
EXPORT LAW ASSURANCES. You may not use or otherwise export or reexport
the SOFTWARE except as authorized by United States law and laws of the
jurisdiction in which the SOFTWARE was obtained. In particular, but without
limitation, none of the SOFTWARE may be used or otherwise exported or reexported
(a) into (or to a national or resident of) a United States embargoed country or (b) to
anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or
the U.S. Department of Commerce’s Table of Denial Orders. By using the
SOFTWARE, you represent and warrant that you are not located in, under control of,
or a national or resident of any such country or on any such list.
GOVERNMENT END USERS. If the SOFTWARE is supplied to the U. S.
Government, the SOFTWARE is classified as “restricted computer software” as
defined in clause 52.227-19 of the FAR. The U. S. Government ‘s rights to the
SOFTWARE are as provided in clause 52.227-19 of the FAR.
CONTROLLING LAW AND SEVERABILITY. This License shall be governed by
the laws of the United States and the State of California. If for any reason a court of
competent jurisdiction finds any provision, or portion thereof, to be unenforceable,
the remainder of this License shall continue in full force and effect.
