Limited Warranty and Remedy. TABS does not warrant that the operation of the Service will be uninterrupted or error free or that the functions of the Service will meet your needs or requirements. TABS’s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at TABS’s option, the replacement of the media for the Service or to refund your money upon returning the Service. Any replacement Service will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TABS is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. This Limited Warranty is void if failure of the Service resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. TABS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Appears in 4 contracts
Samples: End User Service License Agreement, End User Service License Agreement, End User Service License Agreement
