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90453-02 Rev A0
TELEBIT, INC. LIMITED WARRANTY
Limited Warranty on Media.
Telebit warrants to the original licensee that the media on
which the Software is recorded will be free from defects in materials and workmanship
under normal use for a period of ninety (90) days from the date of delivery. Telebit's entire
liability and your exclusive remedy pursuant to this limited warranty shall be limited to
replacement of the defective media. If failure of the media has resulted from accident,
abuse or misapplication of the product, Telebit shall have no responsibility to replace the
media under this limited warranty.
Disclaimer of Warranty on Software.
The Software and related documentation are
provided "AS IS" and without warranty of any kind. TO THE EXTENT PERMITTED BY
LAW, TELEBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELEBIT
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, TELEBIT DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY TELEBIT OR A TELEBIT AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY.
TELEBIT SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, COLLATERAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT
LIMITATION ANY CLAIM FOR LOST OR DAMAGED DATA, NETWORK DOWN
TIME OR DEGRADED PERFORMANCE, LOST PROFITS OR LOSS OF GOODWILL.
In no event shall Telebit's total liability to you for all damages, losses and causes of action
whether in contract, tort (including negligence) or otherwise exceed the amount paid by
you for the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure of the Software by the U.S. Government is subject to restrictions
as set forth in subdivision (c) (1) of the Rights in Technical Data and Computer Software
clause at 252.227-7013. Use, duplication, or disclosure of the Technical Data by the U.S.
Government is subject to restrictions as set forth in subdivision (b) (3) of the Rights in
Technical Data and Computer Software clause at 252.227-7013. Use, duplication, and
disclosure by the governments of any other countries is subject to restrictions to similar
applicable laws.
The parties hereto agree that the United Nations Convention on the International Sale of
Goods shall not apply to this License agreement.
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