Bio-Rad Microplate Manager Software - Manual (Page 3)

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Warranty
Bio-Rad Laboratories warrants that the Microplate Manager software shall
substantially conform, in all operational features, to Bio-Rad’s current specifications
as published in Bio-Rad’s user and installation guides and that, when properly
installed, it will be free of material defects which affect system performance.
The Purchaser must notify Bio-Rad in writing, within 30 days of delivery of the
software (not including delivery of any subsequent modifications to the software), of
any defect. If the software is found to be defective by Bio-Rad, Bio-Rad’s sole
obligation under this warranty is to remedy the defect in a manner consistent with
Bio-Rad’s regular business practices. For a defect which adversely affects the
performance of the software, Bio-Rad shall use its best efforts to cure such defect as
soon as reasonably practicable after receipt of Purchaser’s notice. For minor defects,
Bio-Rad shall use its best efforts to correct such minor defects in the next release of
its software. If, however, Bio-Rad is unable to cure a major defect within 90 days of
receipt of Purchaser’s notice, Purchaser shall have the option to cancel this
agreement, whereupon Bio-Rad shall refund only the software fees paid.
The warranties set forth in this agreement are in lieu of all other representations and
warranties, expressed or implied, including warranties of merchantability and fitness
for a particular purpose and any other statutory or common-law warranty. Bio-Rad on
its own behalf expressly disclaims and excludes any and all such other
representations and warranties. Liability of Bio-Rad to Purchaser, if any, for breach
of warranty, or any other claim relating to this agreement, shall be limited to the total
amount of software fees paid by purchaser to Bio-Rad. In no event shall Bio-Rad be
liable for incidental or consequential damages, loss of business or profits, special or
indirect damages of any nature whatsoever. No amendment, waiver, or other
alteration of the warranties in this agreement may be made except by mutual
agreement in writing.
Purchaser agrees that Bio-Rad’s liability arising out of contract, negligence, strict
liability in tort or warranty shall not exceed the amount of software license fees paid
by Purchaser.
This manual and the software (computer program) described in it are copyright Bio-
Rad Laboratories, Inc. with all rights reserved worldwide. Under the copyright laws,