Lowrance electronic 6 User Manual

Page 103

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be available so long as you can show in a reasonable manner that the defect
occurred within one (1) year from the date of your original purchase, and
we must receive your warranty claim no later than 30 days after such 1-
year period expires. Your claim must be substantiated by a dated sales re-
ceipt or sales slip. In the event the software fails to materially perform in
accordance with the documentation, and upon written notice to LEI within
the Warranty Period and Your return of the Products within the Warranty
Period, LEI shall either (i) use its reasonable efforts to repair at its facilities
the software to comply with the Warranty; or (ii) replace the software to
comply with the Warranty. If, in LEI’s sole discretion, LEI is unable to cor-
rect the defect within a reasonable period of time or if in LEI’s opinion nei-
ther option (i) nor (ii) is commercially feasible for LEI, LEI may terminate
this License upon notice to You and refund to You the applicable software
license fees and payments (which shall not exceed LEI’s standard list price
for the software) whereupon You shall remove the Products from all in-
stalled hardware and equipment and return the Products and all copies
thereof to LEI. This Warranty is contingent upon Your proper use of the
Products in accordance with the documentation provided by LEI. The fore-
going states Your sole remedy under the Warranty in this Subsection 5(a).

b. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a), LEI
MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING
THE PRODUCTS, OR ANY OTHER SOFTWARE, MATERIALS, IN-
FORMATION, MAPS, OR SERVICES PROVIDED BY LEI
HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OR CON-
DITIONS OF MERCHANTABILITY, SATISFACTORY OR MERCHANT-
ABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL SUCH
WARRANTIES BEING HEREBY FULLY DISCLAIMED. LEI further dis-
claims that the functions contained in the Products will meet Your re-
quirements or that the operation and use of the Products will be error free.
The Warranty does not cover any copy of the Products that has been al-
tered in any way by You or any third party, or that has been used by a
third party prior to Your use. LEI shall not be responsible for problems that
occur as a result of the use of the Products in conjunction with other soft-
ware or hardware that are not provided by LEI with the Products or that
are incompatible with the software or hardware for which the Products are
being acquired. LEI shall not be responsible for problems resulting from
Your failure to maintain any software or hardware on or with which the
Products are installed. Additional statements such as those made in adver-
tising or presentations, oral or written, do not constitute warranties by LEI
and should not be relied upon as such.

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