Quadrox Remote POS - Manual (Page 7)

Serial Port POS User & Installation Manual 7
Version 4.4 Series
(iii) operation of the Software will be uninterrupted or error-free, or
(iv) all Software errors will be corrected.
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
If you report an error in the Software within the 30 day period, Quadrox shall,
at its option, correct the error, provide you with a reasonable procedure to circumvent
the error, or, upon return of the Software to Quadrox, refund the license fees.
Quadrox will replace any defective media without charge if it is returned to
Quadrox within the 30 day period. These are your sole and exclusive remedies for any
breach of warranty. This limited warranty gives you specific legal rights. You may
have others, which may vary from place to place based on local laws, if applicable.
You further acknowledge your understanding that if the Software is a Trial Version,
Quadrox does not make any commitment to you to provide any support. In any event,
Quadrox reserves the right to cease support of the Software and to alter prices,
features, specifications, capabilities, functions, licensing terms, release dates,
general availability or other characteristics of the Software.
EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED ABOVE, THE SOFTWARE
IS PROVIDED "AS IS", AND TO THE FULLEST EXTENT PERMITTED BY LAW,
QUADROX AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES
WITH RESPECT TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU,
THE END USER, ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE.
8. LIMITATION OF LIABILITY
QUADROX AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR
LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY
CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. QUADROX'S AND ITS SUPPLIERS' LIABILITY FOR DAMAGES
HEREUNDER SHALL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER
FOR THIS LICENSE. IF A COURT OR ARBITRATION TRIBUNAL (AS
APPROPRIATE HEREUNDER) DETERMINES THAT ANY REMEDY PROVIDED
TO YOU UNDER THIS SLA HAS FAILED OF ITS ESSENTIAL PURPOSE,
THE LIMITATIONS ON LIABILITY AND EXCLUSION OF DAMAGES ABOVE
SHALL NOT BE AFFECTED AND SHALL REMAIN IN FULL FORCE AND EFFECT.
9. BINDING AGREEMENT
This SLA is a legally binding agreement between you and Quadrox and it is the
complete and exclusive statement of all the terms which gives you the right to use
the Software. No other terms, including, without limitation, those contained in any
purchase orders or other forms shall be of any force or effect and only the terms
of this SLA shall govern for all purposes; provided, that if you have previously