Common use of Software Limited Warranty Clause in Contracts

Software Limited Warranty. LICENSOR warrants that the disks containing the Software shall be free from defects and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) days from the date of delivery. Any written or oral information or advice given by LICENSOR distributors, agents or employees will in no way increase the scope of this warranty. LICENSOR’s entire liability and the LICENSEE’s exclusive remedy will be, at LICENSOR’s sole option, to replace the disk or to use LICENSOR’s reasonable efforts to make the Software meet the warranty set out above. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer. The LICENSEE agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSOR under a separate support agreement. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF LICENSOR SHALL BE LIMITED TO REFUND TO THE LICENSEE THE FEE PAID BY THE LICENSEE FOR THE SOFTWARE.

Software Limited Warranty. LICENSOR The U of M warrants that the disks containing the Software shall diskettes on which this software is furnished to be free from of defects in materials and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) 90 days from the date of deliverydelivery to you. Any written or oral information or advice given by LICENSOR distributors, agents or employees will in no way increase the scope The U of this warranty. LICENSOR’s M's entire liability and the LICENSEE’s your exclusive remedy shall be the replacement of any diskette not meeting The U of M's "Limited Warranty" and which is returned to The U of M within the warranty period with a copy of your receipt or other proof of payment. The U of M does not warrant that the SOFTWARE will bemeet your requirements, at LICENSOR’s sole optionthat operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE or documentation errors will be corrected. The U of M is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the SOFTWARE nor for problems in the interaction of the SOFTWARE with other software. The U of M will have no responsibility to replace or refund the disk license fee or to use LICENSOR’s reasonable efforts to make the Software meet the warranty set out above. Any replacement Software will be warranted for the remainder of the original warranty period media damaged by accident, abuse, or thirty (30) days, whichever is the longer. The LICENSEE agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSOR under a separate support agreementmisapplication. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED INCLUDINGIMPLIED, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY THE UNIVERSITY OF MEMPHIS OR ITS EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR BE LIABLE FOR THAT EVENT, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE DATE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSOR HAS BEEN ADVISED DELIVERY OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE. THE MAXIMUM LIABILITY OF LICENSOR SHALL BE LIMITED THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO REFUND TO THE LICENSEE THE FEE PAID BY THE LICENSEE FOR THE SOFTWARESTATE. Information in this document is subject to change without notice and does not represent a commitment on the part of The University of Memphis. The software described in this document is furnished under a license agreement, and may by used or copied only in accordance with the terms of that agreement. No part of this documentation may be reproduced, transmitted, stored in any retrieval system, or translated into any language by any means, electronic or mechanical, including photocopying and recording, for any purpose other than the purchaser's personal use without the express written permission of The University of Memphis, Hearing Aid Research Laboratory. First Edition: August, 1998 Trademarks Mentioned Microsoft, MS-DOS are a registered trademarks of Microsoft Corporation.

Software Limited Warranty. LICENSOR LICENSEE warrants that the disks containing the Software shall be free from defects and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) days from the date of delivery. Any written or oral information or advice given by LICENSOR LICENSEE distributors, agents or employees will in no way increase the scope of this warranty. LICENSOR’s LICENSEE's entire liability and the LICENSEE’s END USER's exclusive remedy will be, at LICENSOR’s LICENSEE's sole option, to replace the disk or to use LICENSOR’s LICENSEE's reasonable efforts to make the Software meet the warranty set out forth above. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer. The LICENSEE END USER agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSOR LICENSEE under a separate support agreement. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTPURPOSE. IN NO EVENT SHALL LICENSOR LICENSEE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSOR LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF LICENSOR LICENSEE SHALL BE LIMITED TO REFUND TO THE LICENSEE END USER THE FEE PAID BY THE LICENSEE END USER FOR THE SOFTWARE.

Software Limited Warranty. LICENSOR The U of M warrants that the disks containing the Software shall media on which this software is furnished to be free from of defects in materials and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) 90 days from the date of deliverydelivery to you. Any written or oral information or advice given by LICENSOR distributors, agents or employees will in no way increase the scope The U of this warranty. LICENSOR’s M's entire liability and the LICENSEE’s your exclusive remedy shall be the replacement of any media not meeting The U of M's "Limited Warranty" and which is returned to The U of M within the warranty period with a copy of your receipt or other proof of payment. The U of M does not warrant that the SOFTWARE will bemeet your requirements, at LICENSOR’s sole optionthat operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE or documentation errors will be corrected. The U of M is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the SOFTWARE nor for problems in the interaction of the SOFTWARE with other software. The U of M will have no responsibility to replace or refund the disk license fee or to use LICENSOR’s reasonable efforts to make the Software meet the warranty set out above. Any replacement Software will be warranted for the remainder of the original warranty period media damaged by accident, abuse, or thirty (30) days, whichever is the longer. The LICENSEE agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSOR under a separate support agreementmisapplication. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED INCLUDINGIMPLIED, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY THE UNIVERSITY OF MEMPHIS OR ITS EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR BE LIABLE FOR THAT EVENT, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE DATE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSOR HAS BEEN ADVISED DELIVERY OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE. THE MAXIMUM LIABILITY OF LICENSOR SHALL BE LIMITED THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO REFUND TO THE LICENSEE THE FEE PAID BY THE LICENSEE FOR THE SOFTWARESTATE. Information in this document is subject to change without notice and does not represent a commitment on the part of The University of Memphis. The software described in this document is furnished under a license agreement, and may by used or copied only in accordance with the terms of that agreement. No part of this documentation may be reproduced, transmitted, stored in any retrieval system, or translated into any language by any means, electronic or mechanical, including photocopying and recording, for any purpose other than the purchaser's personal use without the express written permission of The University of Memphis, Hearing Aid Research Laboratory. First Edition: October 2012 Second Edition: September 2013 Trademarks Mentioned Microsoft Windows is a registered trademark of Microsoft Corporation. Technical Software Support & Contact Information AUSP Software School of Audiology and Speech-Language Pathology The University of Memphis 000 Xxxxxxxxx Xxxxxx Memphis, TN 38105 phone: (000) 000-0000 (Monday-Friday 8:30 - 4:30 CST) fax: (000) 000-0000 email: xxxxxxxx@xxxxxxx.xxx xxxx://xxx.xxxxxxx.xxx/csd/auspsoft For questions about the DOSO: Hearing Aid Research Laboratory 000 Xxxxxxxxx Xxxxxx Memphis, TN 38105 phone: (000)000-0000 fax: (000)000-0000 xxxx://xxx.xxxxxxxxxxx.xxx Brief description of the DOSO questionnaire The DOSO was developed for the purpose of measuring hearing aid outcome from the point of view of a hearing aid wearer. There are two short forms [DOSOs(a), DOSOs(b)] and one long form (DOSO) available for use. DOSOs(a) and DOSOs(b) each consist of 28 items and produce 6 subscale-scores (Speech Cues, Listening Effort, Pleasantness, Quietness, Convenience, and Use). These subscales address different aspects of the hearing aid wearer’s experiences based on speech understanding, sound quality, comfort, etc. DOSOs(a) and DOSOs(b) are equivalent forms. They differ only in the items for subscales: Speech Cues and Listening Effort. DOSO includes all the items in the two short forms of the Speech Cues subscale and all the items in the two short forms of the Listening Effort subscale, as well as all the items in the Pleasantness, Quietness, Convenience, and Use subscales. This form comprises 40 items and produces scores for 6 subscales. The 3 forms and the corresponding items for each subscale are listed in Table 1. The items for each subscale in each form are listed in the Appendix. Subscale Item number DOSOs(a) (28 items) DOSOs(b) (28 items) DOSO (40 items) Speech Cues 5, 6, 8, 9, 10, 15, 18 5, 6, 8, 9, 10, 15, 18 5, 6, 7, 9, 10, 11, 13, 15, 16, 18, 21, 24, 25, 29 Listening Effort 1, 17, 21, 22, 23 1, 17, 21, 22, 23 3, 19, 23, 27, 30, 31, 32, 33, 35, 36, Pleasantness 3, 4, 7, 16 3, 4, 7, 16 2, 4, 8, 22, Quietness 12, 13, 20, 24, 25 12, 13, 20, 24, 25 14, 17, 28, 34, 37 Convenience 2, 11, 14, 19 2, 11, 14, 19 1, 12, 20, 26, Use 26, 27, 28 26, 27, 28 38, 39, 40 Table 1: Items for each subscale in each form A criterion is set here that 2/3 or more of items in a subscale must be completed for a valid score (Table 2). Otherwise, no calculation will be applied for that subscale and “Not valid” will be displayed in the final score table. Subscale Number of items DOSOs(a) (b) DOSO Speech Cues 5 10 Listening Effort 4 7 Pleasantness 3 3 Table 2. Minimum number of items needed for valid scoring The DOSO software program provides a way to: administer the questionnaire using a computer; score completed paper-and-pencil questionnaires; and examine the results using a graphical output. System requirements and installation The DOSO program is a 32-bit Microsoft Windows® application that can run on most systems with Microsoft Windows® 2000 or later. DOSO for Windows needs at least 1 MB of hard disk space for the program and associated files. A laser printer is recommended for the best quality printouts of DOSO data in graphical form but is not essential. A color printer will produce color graphics as on the screen graphs. To install the software, run SETUP.EXE from the DOSO directory of the installation CD. Patient information screen In this screen, patient information is entered. This screen is displayed when the DOSO is opened or by clicking the icon on the top row of the screen. The information includes the patient’s Last Name, First Name, Middle Name, Patient ID (if there is any), Test Form, Gender, and Birth Date. Test conditions are entered in Condition1 and Condition2. If only one condition is measured, condition 2 may be left blank. Information about the test, fitted ear, coupling strategy, date of test, and user experience, can also be entered in this section. Additional information could be entered to the space in the bottom text box labeled as “Comments.” An example of the Patient information screen is given in Figure 1.

Software Limited Warranty. LICENSOR The U of M warrants that the disks containing the Software shall diskettes on which this software is furnished to be free from of defects in materials and workmanship under normal use and the programs will perform in accordance with the accompanying documentation for a period of ninety (90) 90 days from the date of deliverydelivery to you. Any written or oral information or advice given by LICENSOR distributors, agents or employees will in no way increase the scope The U of this warranty. LICENSOR’s M's entire liability and the LICENSEE’s your exclusive remedy shall be the replacement of any diskette not meeting The U of M's "Limited Warranty" and which is returned to The U of M within the warranty period with a copy of your receipt or other proof of payment. The U of M does not warrant that the SOFTWARE will bemeet your requirements, at LICENSOR’s sole optionthat operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE or documentation errors will be corrected. The U of M is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the SOFTWARE nor for problems in the interaction of the SOFTWARE with other software. The U of M will have no responsibility to replace or refund the disk license fee or to use LICENSOR’s reasonable efforts to make the Software meet the warranty set out above. Any replacement Software will be warranted for the remainder of the original warranty period media damaged by accident, abuse, or thirty (30) days, whichever is the longer. The LICENSEE agrees that the supply of the Software does not include updates and upgrades, which may be available from LICENSOR under a separate support agreementmisapplication. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED INCLUDINGIMPLIED, WITHOUT LIMITATION, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENTNONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY THE UNIVERSITY OF MEMPHIS OR ITS EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR BE LIABLE FOR THAT EVENT, ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE, OR USE DATE OF ANY SOFTWARE LICENSED HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE EVEN IF LICENSOR HAS BEEN ADVISED DELIVERY OF THE POSSIBILITY OF SUCH DAMAGESSOFTWARE. THE MAXIMUM LIABILITY OF LICENSOR SHALL BE LIMITED THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO REFUND TO THE LICENSEE THE FEE PAID BY THE LICENSEE FOR THE SOFTWARESTATE. Information in this document is subject to change without notice and does not represent a commitment on the part of The University of Memphis. The software described in this document is furnished under a license agreement, and may by used or copied only in accordance with the terms of that agreement. No part of this documentation may be reproduced, transmitted, stored in any retrieval system, or translated into any language by any means, electronic or mechanical, including photocopying and recording, for any purpose other than the purchaser's personal use without the express written permission of The University of Memphis, Hearing Aid Research Laboratory. First Edition: July, 2001 Trademarks Mentioned Microsoft, MS-DOS are a registered trademarks of Microsoft Corporation.