Network Instruments GigaStor 114ff - Manual (Page 5)

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Limited Warranty—Software
Network Instruments, LLC (“DEVELOPER”) warrants that for a period of sixty (60) days from the date of shipment from
DEVELOPER: (i) the media on which the SOFTWARE is furnished will be free of defects in materials and workmanship under
normal use; and (ii) the SOFTWARE substantially conforms to its published specifications. Except for the foregoing, the
SOFTWARE is provided AS IS. This limited warranty extends only to END-USER as the original licensee. END-USER's exclusive
remedy and the entire liability of DEVELOPER and its suppliers under this limited warranty will be, at DEVELOPER or its
service center's option, repair, replacement, or refund of the SOFTWARE if reported (or, upon request, returned) to the party
supplying the SOFTWARE to END-USER. DEVELOPER does not warrant that the software will meet END-USER requirements,
and in no event does DEVELOPER warrant that the SOFTWARE is error free or that END-USER will be able to operate the
SOFTWARE without problems or interruptions.
Should DEVELOPER release a newer version of the SOFTWARE within 60 days of shipment of the product, DEVELOPER will
update the copy of the SOFTWARE upon request, provided request is made by the licensed END-USER within the 60 day
period of shipment of the new version. This update may consist of a CD or a manual or both at the discretion of DEVELOPER.
END-USER may be charged a shipping fee for updates.
The information in the SOFTWARE manuals is furnished for informational use only, is subject to change without notice, and
should not be construed as a commitment by DEVELOPER. DEVELOPER assumes no responsibility or liability for any errors or
inaccuracies that may appear in any SOFTWARE manual.
This warranty does not apply if the software (a) has been altered, except by DEVELOPER, (b) has not been installed, operated,
repaired, or maintained in accordance with instructions supplied by DEVELOPER, (c) has been subjected to abnormal
physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE
HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration
purposes, any temporary software modules or any software for which DEVELOPER does not receive a license fee. All such
software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. END-USER may terminate this License at any time by destroying all copies of
SOFTWARE including any documentation. This License will terminate immediately without notice from DEVELOPER if END-
USER fails to comply with any provision of this License. Upon termination, END-USER must destroy all copies of SOFTWARE.
DEVELOPER makes no other warranty, express or implied.
Liability
IN NO EVENT WILL DEVELOPER OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF DEVELOPER OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DEVELOPER SHALL NOT BE LIABLE FOR MATERIAL, EQUIPMENT, DATA, OR TIME LOSS CAUSED DIRECTLY OR INDIRECTLY BY
PROPER OR IMPROPER USE OF THE SOFTWARE. IN CASES OF LOSS, DESTRUCTION, OR CORRUPTION OF DATA, DEVELOPER
SHALL NOT BE LIABLE. DEVELOPER DOES NOT TAKE ANY OTHER RESPONSIBILITY.
In no event shall DEVELOPER's or its suppliers' liability to END-USER, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by END-USER. The foregoing limitations shall apply even if the above-stated warranty fails
of its essential purpose.
DEVELOPER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEVELOPER
BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
DEVELOPER’S liability to the END-USER under this agreement shall be limited to the amount actually paid to DEVELOPER by
END-USER for the SOFTWARE giving rise to the liability.