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5. PRODUCT SUPPORT.
•
Product support for the SOFTWARE is not provided by Microsoft or its subsidiaries.
For product support, please refer to Manufacturer’s support number provided in the
documentation for the SYSTEM. Should you have any questions concerning this EULA,
or if you desire to contact Manufacturer for any other reason, please refer to the ad-
dress provided in the documentation for the SYSTEM.
6. LIMITED WARRANTY.
•
Limited Warranty. Manufacturer warrants that the SOFTWARE will perform substan-
tially in accordance with the accompanying written materials for a period of ninety (90)
days from the date of receipt. Any implied warranties on the SOFTWARE are limited
to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you.
•
Customer Remedies. Manufacturer’s and its suppliers’ entire liability and your exclu-
sive remedy shall be, at Manufacturer’s option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE that does not meet the above Limited
Warranty and which is returned to Manufacturer with a copy of your receipt. This Lim-
ited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse,
or misapplication. Any replacement SOFTWARE will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer.
•
No Other Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WAR-
RANTY SECTION ABOVE, THE SOFTWARE IS PROVIDED TO THE END USER „AS
IS“ WITHOUT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.
•
No Liability for Consequential Damages. MANUFACTURER’S SUPPLIERS SHALL
NOT BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED
BY THE END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS INTERRUPTION, LOSS OF BUSINESS INFORMATION
AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY, USE
OR PERFORMANCE OF THE SOFTWARE.
Note on Java Support
THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA.
JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED,
OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL IN-
JURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
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