Day guarantee; disclaimer, Limitation of liability – IntelliTrack WMS – Warehouse Management System User Manual

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Software License Agreement

v

Inc. Unauthorized copying of the SOFTWARE or the accompanying docu-
mentation, or failure to comply with the above restrictions, will result in
automatic termination of this license and will make available to IntelliTrack,
Inc. other legal remedies.

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 IntelliTrack,
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 purchase from an authorized
non-U.S. source. In the case of your return of the SOFTWARE for any rea-
son, 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 FITNESS
FOR A PARTICULAR PURPOSE. INTELLITRACK, INC. DOES NOT
WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR FREE. IN PARTICULAR, INTELLITRACK, INC. DISCLAIMS
ALL WARRANTIES OF ANY KIND IF THE SOFTWARE WAS CUS-
TOMIZED, 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

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