Common use of in Australia Clause in Contracts

in Australia. (a) OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THIS AGREEMENT PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS AND ANY OTHER LEGAL RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (Cth) AND ANY OTHER LAW, EXCEPT AS PERMITTED BY THAT LAW. (b) IF GOODS AND SERVICES PURCHASED ARE NOT OF A KIND ORDINARILY ACQUIRED FOR HOUSEHOLD USE OR CONSUMPTION THEN, SUBJECT TO LAW, NUANCE LIMITS ITS LIABILITY TO: (i) FOR GOODS: (A) REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR (B) THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR (C) REPAIR OF THE GOODS; OR (D) THE COST OF HAVING THE GOODS REPAIRED; AND (ii) FOR SERVICES: (A) SUPPLYING THE SERVICES AGAIN; OR (B) PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, UNLESS IT IS UNREASONABLE TO DO SO. (c) GOODS (OTHER THAN SOFTWARE) PRESENTED FOR REPAIR FURTHER MAY BE REPLACED BY REFURBISHED GOODS OF THE SAME TYPE RATHER THAN BEING REPAIRED. REFURBISHED PARTS MAY BE USED TO REPAIR THE GOODS. (d) WHERE NUANCE ELECTS TO REPAIR GOODS, THIS REPAIR MAY RESULT IN LOSS OF USER-GENERATED DATA. (e) If the Australian Consumer Law (ACL) applies Consumer Law Policy applies. Visit xxxxx://xxx.xxxxxx.xxx/en-au/about-us/company- policies/legal-notices.html for information on this policy.

in Australia. (a) OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THIS AGREEMENT PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS AND ANY OTHER LEGAL RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (Cth) AND ANY OTHER LAW, EXCEPT AS PERMITTED BY THAT LAW. (b) IF GOODS AND SERVICES PURCHASED ARE NOT OF A KIND ORDINARILY ACQUIRED FOR HOUSEHOLD USE OR CONSUMPTION THEN, SUBJECT TO LAW, NUANCE LIMITS ITS LIABILITY TO: (i) FOR GOODS: (A) REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR (B) THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR (C) REPAIR OF THE GOODS; OR (D) THE COST OF HAVING THE GOODS REPAIRED; AND (ii) FOR SERVICES: (A) SUPPLYING THE SERVICES AGAIN; OR (B) PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, UNLESS IT IS UNREASONABLE TO DO SO. (c) GOODS (OTHER THAN SOFTWARE) PRESENTED FOR REPAIR FURTHER MAY BE REPLACED BY REFURBISHED GOODS OF THE SAME TYPE RATHER THAN BEING REPAIRED. REFURBISHED PARTS MAY BE USED TO REPAIR THE GOODS. (d) WHERE NUANCE ELECTS TO REPAIR GOODS, THIS REPAIR MAY RESULT IN LOSS OF USER-GENERATED DATA. (e) If the Australian Consumer Law (ACL) applies to this transaction then Nuance’s Australian Consumer Law Policy applies. Visit xxxxx://xxx.xxxxxx.xxx/en-au/about-us/company- policies/legal-notices.html for information on this policy.