Powerware Model V-2000B - Manual (Page 118)

116 = Warranty and EULA
automatic termination of this license and will make available to Company other legal remedies. You
may not disclose any of Company’s proprietary or trade secret information relating to the Software to any
third party.
4. Company warrants that the Software will perform substantially in accordance with its Documentation.
Your exclusive remedy for breach of this limited warranty and Company’s entire liability shall be, in
Company’s discretion, either return of the price paid to Company by You for the Software, or repair or
replacement of the Software after Software and Documentation are returned to Company with an
applicable receipt. Company’s warranty is void if failure of the Software has resulted from accident,
abuse, modification or misapplication. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION
OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. IN ALL
EVENTS, COMPANY’S SOLE OBLIGATION OR LIABILITY UNDER THIS LICENSE IS THE
REPLACEMENT OR REPAIR OF THE SOFTWARE OR A REFUND OF THE PURCHASE PRICE.
6. You may terminate the license granted in Section 1 of this Agreement at any time by destroying or
erasing your copy of the Software. Company may terminate this Agreement immediately and without
notice if you fail to comply with any term or condition of this Agreement. In the event of termination of
this Agreement, all the sections of this Agreement will survive except for Section 1.
7. This Agreement shall be governed by and construed in accordance with the laws of the State of
California, U.S.A., without reference to conflicts of laws provisions or the 1980 U. N. Convention on
Contracts for the International Sale of Goods and, as to matters affecting copyrights, trademarks and
patents, by U.S. federal law. Any dispute with respect to this Agreement shall be brought and heard
either in the California state courts located in Los Angeles County, California, or the federal district court
for the Central District, Western Division, located in Los Angeles, California. In such event, the parties
to this Agreement each consent to the in personam jurisdiction and venue of such courts. The parties
agree that service of process upon them in any such action may be made if delivered in person, by
courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given
upon receipt.
8. This Agreement sets forth the entire agreement between You and Company pertaining to the licensing of
the Software, and supersedes in its entirety any and all written or oral agreements previously existing
between the parties with respect to such subject matter. If any provision of this Agreement is held
invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or
unenforceability, and the remainder of this Agreement shall continue in full force and effect. In the
event of any conflict between any provision of this Agreement and applicable law, the provisions of this
Agreement affected shall be modified to remove such conflict and permit compliance with such law, and
as so modified this Agreement shall continue in full force and effect. This Agreement may not be
assigned without the consent of Company.