Day guarantee; disclaimer, Limitation of liability – IntelliTrack Check In/Out User Manual

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30-Day Guarantee; Disclaimer

If the SOFTWARE is inoperable due to any defects in the media on which
the SOFTWARE resides, then you may return the SOFTWARE to the loca-
tion where you purchased it within the 30-day period from the date of your
invoice. IntelliTrack, Inc.'s entire liability and your exclusive remedy
under this guarantee (subject to your returning the SOFTWARE to the
location where you purchased it with a copy of your receipt) will be, at Int-
elliTrack, Inc.'s option, either (a) return of the price paid or (b) repair or
replacement of the SOFTWARE. This guarantee does not apply to the
SOFTWARE that has been customized by or for you, or if failure of the
SOFTWARE has resulted from accident, abuse or misapplication. Outside
of the United States, these remedies are not available without proof of pur-
chase from an authorized non-U.S. source. In the case of your return of the
SOFTWARE for any reason, you will delete any copy of the SOFTWARE
on your computer, and any other copy in object code or source code form,
and you further agree not to use the SOFTWARE until a repaired or
replaced copy of the SOFTWARE is returned to you by IntelliTrack, Inc.

EXCEPT FOR THE ABOVE GUARANTEE, INTELLITRACK, INC.
MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION
WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WAR-
RANTY OF NONINFRINGEMENT, MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE. INTELLITRACK, INC. DOES
NOT WARRANT THAT THE SOFTWARE WILL BE UNINTER-
RUPTED OR ERROR FREE. IN PARTICULAR, INTELLITRACK, INC.
DISCLAIMS ALL WARRANTIES OF ANY KIND IF THE SOFTWARE
WAS CUSTOMIZED, REPACKAGED OR ALTERED IN ANY WAY BY
ANY THIRD PARTY OTHER THAN INTELLITRACK, INC.

Limitation of Liability

IN NO EVENT WILL INTELLITRACK, INC. BE LIABLE FOR ANY
DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF
COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFT-
WARE OR ACCOMPANYING DOCUMENTATION, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION

2283.book Page iv Thursday, July 9, 2009 11:26 AM

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