B&B Electronics MODSCAN32 - Manual - Manual (Page 6)

6
LIMITED WARRANTY
During the first 90 days after delivery of the Access Codes to you, as evidenced by a copy of your receipt,
invoice or other proof of purchase, (the “Warranty Period”), WinTECH Software warrants that the
Application will perform substantially in accordance with the Documentation and that the diskettes on
which the Applications are furnished, (if supplied), are free from defects in materials and workmanship
under normal use. EXCEPT AS PROVIDED N THIS SECTION, THE APPLICATIONS AND
DOCUMENTATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
LIMITATION OF REMEDIES
1. WinTECH Software shall use commercially reasonable efforts to correct any failure of the
Applications of which it is given written notice by you during the Warranty Period to perform
substantially in accordance with the Documentation, provided such a failure can be recreated by
WinTECH Software in an unmodified version of the Application or, if WinTECH Software is
unable to correct such failure you may terminate the Agreement by returning the Application,
Documentation, and Access Code and the License Fee paid will be refunded.
2. WinTECH Software shall replace any diskette not meeting WinTECH Software’s “Limited
Warranty” and which is returned to WinTECH Software with a copy of your receipt, invoice, or
other proof of purchase or, if WinTECH Software is unable to deliver a replacement diskette
which is free from defects in materials or workmanship, you may terminate this Agreement by
returning the Application, Documentation and Access Code and the License Fee paid will be
refunded.
IN NO EVENT WILL WINTECH SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATIONS EVEN IF WINTECH
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
GENERAL
This Agreement will be goverened by the internal laws of the State of West Virginia.
YOU UNDERSTAND THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT
IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
YOU AND WINTECH SOFTWARE WHICH SUPERSEDES ANY PROPOSAL, PRIOR OR
CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS
AGREEMENT.