Nlynx ETU400 User Manual

Page 4

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ETU400 User Guide 011603

iv

LIMITED WARRANTY

=================

NLynx warrants that, upon delivery by NLynx, the diskettes or other media

on which the Software is distributed will be free from defects in

materials for a period of 90 days. The Software itself IS LICENSED TO

YOU ON AN "AS IS" BASIS. If the diskette or other media fails to comply

with the warranty set forth above, NLynx will replace the diskette or

other media. You must, however, return all copies of the Software; along

with a copy of Your paid invoice, to NLynx within 90 days of the date You

receive the Software.

This warranty gives You specific legal rights; in some jurisdictions You

may have other rights under certain statutes which imply non-excludable

warranties.

Except as set out above and to the maximum extent permitted by law:

(A) NLYNX MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER

EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE;

(B) NLYNX WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,

INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF NLYNX OR ITS AGENT HAVE BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS NLYNX IS NOT

RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS

OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE

SOFTWARE. IN ADDITION, NLYNX IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR

COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, CLAIMS

BY OTHERS, INCONVENIENCE OR SIMILAR COSTS;

(C) NLYNX IS NOT LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON IN

EXCESS OF THE PRICE YOU PAID FOR THE LICENSE TO USE THE SOFTWARE,

REGARDLESS OF THE FORM OF THE CLAIM;

(D) ADDITIONAL STATEMENTS BY AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS

OF NLYNX, SUCH AS DEALER ADVERTISING OR PRESENTATIONS, DO NOT CONSTITUTE

WARRANTIES OR CONDITIONS BY NLYNX, DO NOT BIND NLYNX AND SHOULD NOT BE

RELIED UPON.

This warranty does not cover claims based on the fact that the disk or

material has been lost, stolen or damaged by accident, misuse or

unauthorized modification.

Though NLynx is not responsible for maintaining or helping you use the

Software, NLynx does at its discretion offer support and service programs

for certain software products. To receive the benefits of these

programs, You must complete and return the enclosed User Registration

Card.

This Agreement constitutes the entire agreement and supersedes any prior

agreement between NLynx and You concerning the contents of this Package.

NLynx is not bound by any provision of any purchase order, receipt,

acceptance, confirmation, correspondence, or otherwise, unless NLynx

specifically agrees to the provision in writing. Any written or oral

information or advice given by NLynx dealers, distributors, agents, or

employees will in no way increase the scope of this Agreement, nor may

You rely on any oral or written communications from any such persons.

This Agreement can be amended, modified, or waived only if the change is

written and signed by an authorized officer of NLynx.

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