Common use of LIMITED WARRANTY AND REMEDIES Clause in Contracts

LIMITED WARRANTY AND REMEDIES. 6.1 Robelle warrants that, (a) the software will, on the date of delivery, perform substantially in accordance with the then-applicable Documentation for a period of ninety (90) days; (b) the media on which the Software is furnished will be free from defects for a period of ninety (90) days from the date of delivery, and; (c) it holds title to the Software and Documentation and has the right to grant the license hereunder. You are responsible for selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software. Robelle does not warrant that updates or upgrades from time to time will not require changes to hardware or operating systems. Robelle shall have no obligation to provide services, modifications or replacements due to problems with, or failures of, any non-Robelle software, firmware, hardware or data or the combination, operation or use of the Software with such components. 6.2 Subject to all other conditions and limitations herein, upon your discovery of any non-compliance of these warranties, you must promptly notify Robelle in writing. Robelle will assess the problem, and if caused by the Software, modify or replace the Software, or refund the license fees paid by you in respect of the Software, within 30 days of Robelle’s receipt of your written notice. 6.3 ROBELLE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT OR THAT ROBELLE CAN OR WILL CORRECT ALL ERRORS. ROBELLE MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPLICITLY PROVIDED ABOVE, AND SPECIFICALLY EXCLUDES IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DEALER OR ANY OTHER PARTY HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION ON BEHALF OF ROBELLE OR OTHERWISE TO BIND ROBELLE WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL ROBELLE BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF USE OF DATA OR PROFITS ARISING OUT OF THIS AGREEMENT OR ANY PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF ROBELLE HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 7.1, ROBELLE’S TOTAL LIABILITY FOR DAMAGES AND OTHER MONETARY LIABILITY ARISING OUT OF THIS AGREEMENT, ANY NEGOTIATIONS RELATED TO THIS AGREEMENT, AND ANY RELATIONSHIP CREATED BY THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ROBELLE FOR THE USE OF THIS SOFTWARE TO THE DATE OF THE BREACH OR DEFAULT GIVING RISE TO THE LIABILITY. NONE OF ROBELLE’S SOFTWARE PRODUCTS OR SERVICES ARE DESIGNED OR INTENDED FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, AS A COMPONENT IN THE MAINTENANCE OR OPERATION OF A HIGH-RISK ACTIVITY OR OPERATION, SUCH AS A NUCLEAR FACILITY, AIR-TRAFFIC CONTROL, LIFE-SUPPORT OR MEDICAL MONITORING SYSTEMS.

LIMITED WARRANTY AND REMEDIES. 6.1 Robelle warrants that, (a) WE warrant that the SOFTWARE will perform in substantial compliance with the specifications set forth in the user manual provided with the SOFTWARE, provided that it is not modified and it is used on computer hardware and with an operating system for which it was designed. These warranties are limited to the 90-day period from YOUR original purchase of a license to the SOFTWARE. If YOU report in writing within 90 days of purchase a substantial defect in the SOFTWARE’s performance, WE will attempt to correct it or, at OUR option, authorize a refund of the amount YOU originally paid for YOUR license to the SOFTWARE. In order to qualify for a claim of defective SOFTWARE and request a refund, YOU must have worked with a technician to remedy the problem first via our helpdesk and deactivated the software willfrom any and all computers. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN PLACE OF ALL OTHERS, on the date of delivery, perform substantially in accordance with the then-applicable Documentation for a period of ninety (90) days; (b) the media on which the Software is furnished will be free from defects for a period of ninety (90) days from the date of delivery, and; (c) it holds title to the Software and Documentation and has the right to grant the license hereunder. You are responsible for selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software. Robelle does not warrant that updates or upgrades from time to time will not require changes to hardware or operating systems. Robelle shall have no obligation to provide services, modifications or replacements due to problems with, or failures of, any non-Robelle software, firmware, hardware or data or the combination, operation or use of the Software with such components. 6.2 Subject to all other conditions and limitations herein, upon your discovery of any non-compliance of these warranties, you must promptly notify Robelle in writing. Robelle will assess the problem, and if caused by the Software, modify or replace the Software, or refund the license fees paid by you in respect of the Software, within 30 days of Robelle’s receipt of your written notice. 6.3 ROBELLE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT ORAL OR THAT ROBELLE CAN OR WILL CORRECT ALL ERRORS. ROBELLE MAKES NO OTHER REPRESENTATION OR WARRANTYWRITTEN, EXPRESS OR IMPLIED, OTHER THAN AS EXPLICITLY PROVIDED ABOVECONCERNING THE SOFTWARE OR USER MANUAL. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND REMEDIES, AND SPECIFICALLY EXCLUDES IMPLIED WARRANTIES AND CONDITIONS FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH IT CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR USER MANUAL, INCLUDING THEIR MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF MERCHANTABILITY AND THIRD PARTY RIGHTS, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO DEALER OR ANY OTHER PARTY HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION ON BEHALF OF ROBELLE OR OTHERWISE TO BIND ROBELLE WITH RESPECT TO THE SOFTWARE. WE WILL IN NO EVENT SHALL ROBELLE BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF DAMAGES ARISING FROM THE USE OF DATA OR PROFITS ARISING OUT OF THIS AGREEMENT INABILITY TO USE THE SOFTWARE OR ANY PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISEUSER MANUAL, EVEN IF ROBELLE HAS ADVANCE NOTICE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGES. EXCEPT AS PROVIDED IN SECTION 7.1Because software in general is inherently complex and may not be completely free of errors, ROBELLE’S TOTAL LIABILITY FOR DAMAGES AND OTHER MONETARY LIABILITY ARISING OUT OF THIS AGREEMENTWE are not responsible for any costs including, ANY NEGOTIATIONS RELATED TO THIS AGREEMENTbut not limited to, AND ANY RELATIONSHIP CREATED BY THIS AGREEMENTlost profits or revenue, REGARDLESS OF THE FORM OF ACTIONloss of time or use of the SOFTWARE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ROBELLE FOR THE USE OF THIS SOFTWARE TO THE DATE OF THE BREACH OR DEFAULT GIVING RISE TO THE LIABILITYloss of data, the cost of recovering software or data, the cost of substitute software, claims by third parties, or similar costs. NONE OF ROBELLE’S SOFTWARE PRODUCTS OR SERVICES ARE DESIGNED OR INTENDED FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, AS A COMPONENT IN THE MAINTENANCE OR OPERATION OF A HIGH-RISK ACTIVITY OR OPERATION, SUCH AS A NUCLEAR FACILITY, AIR-TRAFFIC CONTROL, LIFE-SUPPORT OR MEDICAL MONITORING SYSTEMSIn no event will the liability of Circle Systems exceed the amount paid for the license to the SOFTWARE.

LIMITED WARRANTY AND REMEDIES. 6.1 Robelle Forbes Computer Systems Limited warrants that, (a) the software will, on the date of delivery, perform substantially in accordance with the then-applicable Documentation for a period of ninety (90) days; (b) the media CD on which the Software program is furnished will to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of deliverydelivery to you as evidenced by a copy of your receipt. This warranty is limited to you and is not transferable with the program. THE FOREGOING WARRANTY DOES NOT EXTEND TO ANY DISKETTE THAT HAS BEEN DAMAGED AS A RESULT OF ACCIDENT, and; (c) it holds title to MISUSE, ABUSE, OR AS A RESULT OF SERVICE OR MODIFICATION BY ANYONE OTHER THAN FORBES COMPUTER SYSTEMS LIMITED. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THIS PROGRAM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, AND FORBES COMPUTER SYSTEMS LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. Forbes Computer Systems Limited and its suppliers do not warrant that the Software and Documentation and has functions contained in the right to grant program will meet your requirements or that the license hereunderoperation of the program will be uninterrupted or error-free. You are responsible also assume responsibility for the selection of the Software program to achieve your intended results, and for the installation, use use, and results obtained from the Softwareprogram. Robelle does not warrant that updates or upgrades from time to time will not require changes to hardware or operating systems. Robelle shall have no obligation to provide services, modifications or replacements due to problems with, or failures of, any non-Robelle software, firmware, hardware or data or the combination, operation or use of the Software with such components. 6.2 Subject to all other conditions and limitations herein, upon your discovery of any non-compliance of these warranties, you must promptly notify Robelle in writing. Robelle will assess the problem, and if caused by the Software, modify or replace the Software, or refund the license fees paid by you in respect of the Software, within 30 days of Robelle’s receipt of your written notice. 6.3 ROBELLE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT OR THAT ROBELLE CAN OR WILL CORRECT ALL ERRORS. ROBELLE MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPLICITLY PROVIDED YOUR SOLE REMEDIES AND FORBES COMPUTER SYSTEMS LIMITED AND ITS SUPPLIER'S ENTIRE LIABILITY ARE SET FORTH ABOVE, AND SPECIFICALLY EXCLUDES IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DEALER OR ANY OTHER PARTY HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION ON BEHALF OF ROBELLE OR OTHERWISE TO BIND ROBELLE WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL ROBELLE XXXX XXXXXX COMPUTER SYSTEMS LIMITED OR ITS SUPPLIER'S BE LIABLE TO ANYONE YOU OR ANY OTHER PERSON FOR ANY INDIRECTDAMAGES, SPECIAL, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF USE OF DATA DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR PROFITS OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF ROBELLE HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 7.1, ROBELLE’S TOTAL LIABILITY FOR DAMAGES AND OTHER MONETARY LIABILITY ARISING OUT OF THIS AGREEMENT, ANY NEGOTIATIONS RELATED TO THIS AGREEMENT, AND ANY RELATIONSHIP CREATED BY THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ROBELLE FOR THE USE OF THIS SOFTWARE OR INABILITY TO USE THE DATE OF THE BREACH OR DEFAULT GIVING RISE TO THE LIABILITY. NONE OF ROBELLE’S SOFTWARE PRODUCTS OR SERVICES ARE DESIGNED OR INTENDED FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, AS A COMPONENT IN THE MAINTENANCE OR OPERATION OF A HIGH-RISK ACTIVITY OR OPERATION, SUCH AS A NUCLEAR FACILITY, AIR-TRAFFIC CONTROL, LIFE-SUPPORT OR MEDICAL MONITORING SYSTEMSPROGRAM.

LIMITED WARRANTY AND REMEDIES. 6.1 Robelle Dallas Semiconductor warrants that, (a) that the software willmedia containing the Software, on the date of deliveryif provided by Dallas Semiconductor, perform substantially is free from defects in accordance with the then-applicable Documentation materials and workmanship under normal use for a period of ninety (90) days; (b) the media on which the Software is furnished will be free from defects for a period of ninety (90) 60 days from the date of deliverydelivery to You, and; (c) it holds title to the Software and Documentation and has the right to grant the license hereunder. You are responsible for selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software. Robelle does not warrant that updates or upgrades from time to time will not require changes to hardware or operating systems. Robelle shall have no obligation to provide services, modifications or replacements due to problems with, or failures of, any non-Robelle software, firmware, hardware or data or the combination, operation or use of the Software with such components. 6.2 Subject to all other conditions and limitations herein, upon your discovery of any non-compliance of these warranties, you must promptly notify Robelle in writing. Robelle will assess the problem, and if caused by the Software, modify or replace the Software, or refund the license fees paid by you in respect original recipient of the Software, within 30 days of Robelle’s receipt as evidenced by a copy of your written notice. 6.3 ROBELLE receipt. During the 60 day period, Dallas Semiconductor will at its option, either replace the defective media or return the Licensee Fee paid for the Software included on the media not meeting this limited warranty. This is your sole remedy and Dallas Semiconductor’s only liability under this limited warranty. Except as provided above with respect to the media, TO THE EXTENT PERMITTED BY YOUR APPLICABLE LAW, NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT (EXCEPT THAT IMPLIED WARRANTIES ON THE MEDIA WHICH ARE LIMITED IN DURATION TO THE SIXTY (60) DAY PERIOD DESCRIBED ABOVE). DALLAS SEMICONDUCTOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR ANY COMPONENT OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. DALLAS SEMICONDUCTOR HAS NO OBLIGATION OR RESPONSIBILITY TO CORRECT ANY ERRORS OR DEFECTS IN THE SOFTWARE. THE ENTIRE LIABILITY OF DALLAS SEMICONDUCTOR UNDER THIS LICENSE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. TO THE EXTENT PERMITTED BY YOUR APPLICABLE LAW, IN NO EVENT WILL DALLAS SEMICONDUCTOR BE INTERRUPTED BY REASON OF ANY DEFECT OR THAT ROBELLE CAN OR WILL CORRECT ALL ERRORS. ROBELLE MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPLICITLY PROVIDED ABOVE, AND SPECIFICALLY EXCLUDES IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DEALER LIABLE TO YOU OR ANY OTHER PARTY HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION ON BEHALF OF ROBELLE OR OTHERWISE TO BIND ROBELLE WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL ROBELLE BE LIABLE TO ANYONE PERSON FOR ANY INDIRECT, SPECIAL, DAMAGES INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF USE OF DATA OR PROFITS ARISING OUT OF THIS AGREEMENT OR ANY PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISEINABILITY TO USE THE SOFTWARE, EVEN IF ROBELLE DALLAS SEMICONDUCTOR HAS ADVANCE NOTICE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEDAMAGE OR SUCH DAMAGE WAS DUE TO DALLAS SEMICONDUCTOR’S OWN NEGLIGENCE. EXCEPT AS PROVIDED IN SECTION 7.1Some states or provinces do not allow limitation of how long implied warranties last, ROBELLE’S TOTAL LIABILITY FOR DAMAGES AND OTHER MONETARY LIABILITY ARISING OUT OF THIS AGREEMENTand do not allow the exclusion or limitation of damages, ANY NEGOTIATIONS RELATED TO THIS AGREEMENTso the above limitations may not apply to You. This warranty gives you specific legal rights, AND ANY RELATIONSHIP CREATED BY THIS AGREEMENTand you may also have other rights which vary from state to state. It is understood that Dallas Semiconductor has no obligation to continue to distribute the software or any component thereof, REGARDLESS OF THE FORM OF ACTIONand may discontinue its availability as a standard product. You agree that iBUTTON™, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ROBELLE FOR THE USE OF THIS SOFTWARE TO THE DATE OF THE BREACH OR DEFAULT GIVING RISE TO THE LIABILITYTMEX™ and Touch Memory Executive™ Software are trademarks of Dallas Semiconductor in the United States and other foreign countries. NONE OF ROBELLE’S SOFTWARE PRODUCTS OR SERVICES ARE DESIGNED OR INTENDED FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, AS A COMPONENT IN THE MAINTENANCE OR OPERATION OF A HIGH-RISK ACTIVITY OR OPERATION, SUCH AS A NUCLEAR FACILITY, AIR-TRAFFIC CONTROL, LIFE-SUPPORT OR MEDICAL MONITORING SYSTEMSYou may not use the trademarks of Dallas Semiconductor in your software product name or trade name or company name.