Datatek UTM - Manual (Page 59)

U T M U s e r ' s M a n u a l
01/18/08 59
13.5 L IMITED W ARRANTY
Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of shipment from TeleComp R&D or a designated manufacturer.
Software support is limited to the hours of 9AM to 5PM ET Monday through Friday excluding TeleComp R&D observed
holidays. An extended warranty may be purchased at additional cost. Any implied warranties on the SOFTWARE are
limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the
above limitation may not apply to you.
Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a)
return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and
which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of
the original warranty period or thirty (30) days, whichever is longer.
13.6 N
O
O
THER
W
ARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER AND ITS SUPPLIERS DISCLAIM
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH
REGARD TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
13.7 L IMITATION OF L IABILITY
To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any
damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal
injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out
of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In
any case, Manufacturer's and its suppliers' entire liability under any provision of this License shall be limited to the amount
actually paid by you for the SOFTWARE and/or the HARDWARE. Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13.8 S
PECIAL
P
ROVISIONS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and HARDWARE Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
HARDWARE Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is TeleComp R&D or it’s
designee manufacturer., 102 SW Orange Blossom, Lake City, Florida, 32025-1613.
If you acquired the SOFTWARE in the United States of America, this Software License are governed by the laws of the
State of Florida, excluding its choice of laws provisions. If you acquired the SOFTWARE outside the United States of
America, local law may apply. This LICENSE constitutes the entire understanding and agreement between you and the
Manufacturer in relation to the SOFTWARE and supercedes any and all prior or other communications, statements,
documents, agreements or other information between the parties with respect to the subject matter hereof.