Datatek Upgrade/Backup/Reload - Manual (Page 21)

U t i l i t i e s
03/08/07 21
has been consummated between you and the manufacturer or the manufacturer has agreed in writing
at the time of purchase by you of the software to an extension of the warranty. Should you have any
questions concerning this LICENSE, or if you desire to contact Manufacturer for any other reason,
please refer to the address provided in the documentation for the HARDWARE.
7.4 E
XPORT
R
ESTRICTIONS
You agree that you will not export or re-export the SOFTWARE to any country, person, or entity
subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE:
(i) to any country to which the U.S. has embargoed or restricted the export of goods or services,
which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North
Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to
transmit or transport the products back to such country; (ii) to any person or entity who you know or
have reason to know will utilize the SOFTWARE or portion thereof in the design, development or
production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal agency of the U.S.
government.
7.5 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 9 AM to 5
PM ET Monday through Friday excluding TeleComp R&D observed holidays. Other coverage and
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
.
7.6 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.
7.7 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.