SENA Serial_IPTM Redirector 4.3 - Manual (Page 82)

8. WARRANTY; LIMITATIONS
(a) Notwithstanding anything to the contrary in this Agreement, the Software Product is delivered to Licensee
for the Evaluation Period “AS IS”, without any warranty of any kind, whether express or implied. Without limiting
the generality of the foregoing, the Limited Warranties (as defined in Section 8(d)) do not apply during the
Evaluation Period.
(b) Tactical warrants that the Software Product will perform substantially in accordance with the
Documentation for a period of ninety (90) days from date Licensee acquires its initial copy of the Software
Product (by download, delivery of physical media containing the Software Product, or other method of delivery).
(c) In addition, Tactical warrants that the storage media on which the Software Product is delivered directly
from Tactical to Licensee shall be free from defects for a period of ninety (90) days from date Licensee acquires
its initial copy of the Software Product on such storage media directly from Tactical. In the event that such media
does not conform to such warranty, Licensee shall return such non-conforming media to Tactical, and Tactical’s
entire liability and Licensee’s exclusive remedy shall be, at Tactical’s expense, to replace such non-conforming
media.
(d) EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6, 7, 8(B), and 8(C) (collectively, the "Limited
Warranties"), THERE ARE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR
IMPLIED BY STATUTE, USAGE, CUSTOM OF TRADE OR OTHERWISE WITH RESPECT TO THE
SOFTWARE PRODUCT OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR
REPRESENTATIONS OF WORKMANSHIP, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, TACTICAL DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET
ALL OF LICENSEE’S NEEDS OR THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE ERROR-
FREE. THIS LIMITED WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
9. REMEDY
In the event of a breach of any of the Limited Warranties (other than the Limited Warranty set forth in
Section 8(c)), Tactical’s entire liability and Licensee’s exclusive remedy shall be, at Tactical’s option and expense,
to either (a) refund the amount of the license fee actually paid by Licensee for the non-conforming Software
Product (in which event this Agreement shall terminate), (b) repair the non-conforming Software Product by
providing a patch, work-around or other reasonable solution, or (c) replace the non-conforming Software Product.
The Limited Warranties do not apply in the event that non-conformance of the Software Product with a Limited
Warranty results from accident, abuse, or misapplication (including use of the Software Product together with a
software operating system or software and hardware environment which does not meet the specifications set
forth in the Documentation). Any replacement Software Product will be warranted for the remainder of the
original warranty period or thirty (30) days from the date on which the replacement Software Product is delivered,
whichever is longer.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT,
OR OTHERWISE, SHALL TACTICAL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER RELATING TO THE SOFTWARE
PRODUCT, THE DOCUMENTATION, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF TACTICAL HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. IN NO EVENT