Clear-Com HX System Frames - Manual (Page 16)

6) Limited Warranty.
6.1 Clear-Com warrants that any Storage Media on which the Software is
stored will be free from defects in materials and workmanship for 90 days from
the date you acquire it. If a defect in the Storage Media occurs, return the
Storage Media to Clear-Com and Clear-Com will replace it at no cost to you. This
remedy is your exclusive remedy for breach of this warranty. This limited
warranty is void if the damage or defect has resulted from accident, abuse or
misapplication.
6.2 WHILE CLEAR-COM ENDEAVORS TO PROVIDE RELIABLE
INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS,
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6.1, THE SOFTWARE IS
PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE
ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE
SOLE RISK OF MAKING USE OF THE SOFTWARE. CLEAR-COM MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN
BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS,
RELIABILITY, LEGALITY, OR ACCURACY OF THE SOFTWARE FOR ANY
PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE
UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED
BY ANY STATE. CLEAR-COM ALSO MAKES NO REPRESENTATION OR
WARRANTY THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN
UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR
INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES.
7) Limitation of Liability. You expressly absolve and release Clear-Com from any
claim of harm resulting from a cause beyond Clear-Com’s control, including, but
not limited to, failure of electronic or mechanical equipment or communication
lines, telephone or other connection problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural disasters,
strikes, or other labor problems, wars, or governmental restrictions. MOREOVER,
IN NO EVENT SHALL CLEAR-COM BE LIABLE FOR ANY INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THE SOFTWARE, WITH ANY DELAY OR
INABILITY TO USE THE SOFTWARE, OR FOR ANY INFORMATION,
SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE
THROUGH THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, EVEN IF CLEAR-COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING,
TOTAL LIABILITY OF CLEAR-COM FOR ANY REASON WHATSOEVER
RELATED TO USE OF THE SOFTWARE SHALL NOT EXCEED THE TOTAL
AMOUNT PAID BY YOU TO CLEAR-COM TO PURCHASE THE SOFTWARE.
16 Eclipse EHX Software User Guide