Bio-Rad Bio-Plex Software® Upgrades and Conversions - Manual (Page 244)

Bio-Plex Manager Software 6.1 User Guide | Appendix
232
Software Warranty
Bio-Rad Laboratories warrants that Bio-Plex Manager™ software shall
substantially conform, in all operational features, to Bio-Rad's current
specifications as published in Bio-Rad's user and installation guides and that,
when properly installed, it will be free of material defects which affect system
performance.
The Purchaser must notify Bio-Rad in writing, within 30 days of delivery of the
software (not including delivery of any subsequent modifications to the software),
of any defect. If the software is found to be defective by Bio-Rad, Bio-Rad's sole
obligation under this warranty is to remedy the defect in a manner consistent with
Bio-Rad's regular business practices. For a defect which adversely affects the
performance of the software, Bio-Rad shall use its best efforts to cure such defect
as soon as reasonably practicable after receipt of Purchaser's notice. For minor
defects, Bio-Rad shall use its best efforts to correct such minor defects in the next
release of its software. If, however, Bio-Rad is unable to cure a major defect within
90 days of receipt of Purchaser's notice, Purchaser shall have the option to cancel
this agreement, whereupon Bio-Rad shall refund only the software fees paid.
The warranties set forth in this agreement are in lieu of all other representations
and warranties, expressed or implied, including warranties of merchantability and
fitness for a particular purpose and any other statutory or common-law warranty.
Bio-Rad on its own behalf expressly disclaims and excludes any and all such
other representations and warranties. Liability of Bio-Rad to Purchaser, if any, for
breach of warranty, or any other claim relating to this agreement, shall be limited to
the total amount of software fees paid by Purchaser to Bio-Rad. In no event shall
Bio-Rad be liable for incidental or consequential damages, loss of business or
profits, special or indirect damages of any nature whatsoever. No amendment,
waiver, or other alteration of the warranties in this agreement may be made except
by mutual agreement in writing.
Purchaser agrees that Bio-Rad's liability arising out of contract, negligence, strict
liability in tort or warranty shall not exceed the amount of software license fees
paid by Purchaser.
This manual and the software (computer program) described in it are copyright
Bio-Rad Laboratories, Inc. with all rights reserved worldwide. Under the copyright
laws, this manual and the software program contained herein may not be copied,
in whole or in part, without the prior written consent of Bio-Rad, except in the
normal use of the software or to make a backup copy. This exception does not
allow copies to be made for others, whether or not sold, but all of the materials
purchased (with all backup copies) may be sold, given or loaned to another
person. Under the law, copying includes translating into another language or
format.
A multiuse license may be purchased to allow the software to be used on more
than one computer owned by the Purchaser, including a shared disk system.
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