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Modifications:
Modifications or enhancements made by Licensor to any Software from time to time may be
made available to you at the sole option of Licensor or its Distributors. If the Software is
modified by you or merged into other program materials processed or used by solely by you,
Licensor and its Distributors shall not have any liability or incur any expense or be affected in
any way by any such modification or merger, even if such modification or merger results in the
formation of an updated or new work. Rather, such Software, in its modified or merged form,
shall continue at all times to be the sole and exclusive property of Licensor and shall be
subject to all provisions of this Agreement.
Limited warranty
Limited warranty:
Licensor warrants that (a) the original Software will perform substantially in accordance with
the accompanying written materials for a period of ninety (90) days from the date of receipt;
and (b) any hardware accompanying the Software will be free from defects in materials and
workmanship under normal use and service for a period of one (1) year from receipt date. Any
implied warranties on the Software and the hardware are limited only to ninety (90) days and
one (1) year respectively. The limited warranty applies to the original Software and not to any
copies made by you or others from the original Software or copies thereof.
Customer remedies:
Licensor’s entire liability and your exclusive remedy shall be, at Licensor’s option either (a)
return of the price paid or (b) repair or replacement of the Software or hardware that does not
meet Licensor’s limited warranty and that is returned to the Lic
ensor with a copy of your
receipt. The limited warranty is void if failure of the Software or hardware has resulted from
accident, abuse, or misapplication of the original hardware and Software only and in no case
shall the limited warranty apply to any copies of the original Software. Any replacement
Software shall be warranted for the remainder of the original warranty period or for thirty (30)
days, whichever is longer.
No other warranties:
Licensor 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, any accompanying written material, any accompanying hardware, and any services
for any of the foregoing.
No other liability:
In no event will Licensor or its agents or suppliers or Distributors be liable for any direct or
indirect damages whatsoever (including without limitation, damages for negligence, strict
liability, breach of contract, loss of business profits, business interruption, loss of business
information, or pecuniary loss) arising out of the use of, or inability to use or failure to deliver
the Software or any defects therein, even if the Licensor has been advised of the possibility of
such damages. In no event shall the aggregate liability of Licensor, its agents, suppliers and
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