UVP Life Science - Manual (Page 37)

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License or otherwise. This License will terminate immediately without notice from Licensor if you fail
to comply with any provision of this License. Upon termination, you must destroy or return to
Licensor any permanent form of the software and related documentation.
Limited Warranty and Disclaimer
Licensor warrants the software and related documentation to be free from defects in materials and
workmanship, under normal use for a period of ninety (90) days from the date of purchase as
evidenced by a copy of the sales receipt or packing slip. Licensor’s entire liability and licensee’s
exclusive remedy will be replacement of the defective software and related documentation or refund
of the purchase price (at licensor’s election) upon return of the software and related documentation
to licensor with a copy of proof of purchase. This warranty gives you specific legal rights and you
may also have other rights which vary from jurisdiction to jurisdiction. You expressly acknowledge
and agree that use of the software is at your sole risk after the ninety (90) days. The software and
related documentation are provided without warranties and/or conditions of any kind either express
or implied, except as provided above. Licensor expressly disclaims all other warranties and/or
conditions, express or implied, with respect to software and related documentation including, but not
limited to, the implied warranties and/or conditions of merchantability and fitness for a particular
purpose. Licensor does not warrant that the functions contained in the software will be uninterrupted
or error-free, or that defects in the software will be corrected after the ninety (90) days. Furthermore,
after the ninety (90) days, licensor does not warrant or make any representation regarding the use
or the results of the use of the software and related documentation in terms of their correctness,
accuracy, reliability, or otherwise. The limitations of liabilities described in this section also apply to
the third party suppliers of materials used in the software. No oral or written information or advice by
licensor or by representatives of licensor shall create warranties, and/or conditions, or in any way
increase the scope of this limited warranty. Licensee assumes the entire cost of all necessary
servicing, repair or correction after the ninety (90) days. Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
Under no circumstances, including negligence, shall licensor be liable for any special or
consequential damages that result from the use of, or the inability to use, the software or related
documentation, even if licensor or authorized representative of licensor has been advised of the
possibility of such damages. Some jurisdictions do not allow the limitation or exclusion or liability or
consequential damages, so the above limitations or exclusion may not apply to you. In no event
shall licensor’s total liability to you for all damages, losses, and causes of action (whether in
contract, tort (including negligence) or otherwise) exceed the amount paid by you for the software.
Governing Law and Severability
This License shall be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of law. Any actions, suits or proceedings
instituted in connection with this License, the Software and/or related documentation shall be
instituted and maintained exclusively in the Superior Court for the State of California, County of Los
Angeles, or in the United States District Court for the Central District of California. By entering this
License you hereby consent to the venue and jurisdiction of the aforesaid courts. If any provision of
this license shall be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this License and shall not affect the validity and enforceability of any
remaining provision. This is the entire agreement between the parties relating to the subject matter
herein and shall not be modified except in writing, signed by both parties.