Limited Warranty for Users Residing in a Member State of the European Community Sample Clauses

Limited Warranty for Users Residing in a Member State of the European Community. If You obtained the Software in a Member State of the European Community and You usually reside in such a country, then Section 8 (Limited Warranty) does not apply. Instead, Mindjet warrants that the Software provides the functionalities set forth in the accompanying Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used in a Supported Environment. As used in this sub- section, "limited warranty period" means one year if You are a business user and two years if You are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO THE SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRIAL, VIEWER, OR THE SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period You must return, at our expense, the Software and proof of purchase to the location where You obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Mindjet is entitled, by way of re-performance and at its own discretion, to repair or replace the Software. If this fails, You are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission).
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