Clear-Com BS850 (Last time buy) - Manual (Page 6)

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8)
MISCELLANEOUS
a) If you acquired this SOFTWARE PRODUCT in the United States, this AGREEMENT is
governed by the laws of the State of California.
b) If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local
law, this AGREEMENT is governed by the laws in force in the Province of Ontario, Canada; and,
in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal
and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired
outside the United States or Canada, local law may apply.
c) If you have any questions concerning this AGREEMENT, or if you desire to contact HME for
any reason, please write to: HM Electronics, Inc., 14110 Stowe Drive, Poway, California, 92064
U.S.A
9) LIMITED WARRANTY
a) LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE U.S. AND
CANADA.
HME warrants that (a) the SOFTWARE PRODUCT will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days from the date
of receipt, and (b) any Support Services provided by HME shall be substantially described in
applicable written materials provided to you by HME, and (c) HME support engineers will make
commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do
not allow limitations on duration of an implied warranty, so the above limitation may not apply to
you. To the extent allowed by applicable law and not disclaimed in this Agreement, implied
warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. HME’s and its suppliers’ entire liability and your exclusive remedy
shall be, at HME’s option, either (a) return of the price paid, if any, or (b) repair or replacement of
the SOFTWARE PRODUCT that does not meet HME’s Limited Warranty and which is returned to
HME with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE
PRODUCT has resulted from accident, abuse or misapplication. Any replacement SOFTWARE
PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days,
whichever is longer. Outside the United States, neither these remedies nor any product support
services offered by HME are available without proof of purchase from an authorized international
source.
c) NO OTHER WARRANTIES. THE LIMITED WARRANTY ABOVE IS EXCLUSIVE AND IN
LIEU OF ALL OTHER CONDITIONS AND WARRANTIES FOR THE SOFTWARE AND
DOCUMENTATION. HME AND ITS SUPPLIERS MAKE NO OTHER CONDITIONS OR
WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EXPRESSLY
DISCLAIM ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO
IMPLIED CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE SOFTWARE AND
DOCUMENTATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
d) LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT AND UNDER NO LEGAL THEORY SHALL HME OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY COSTS OF SUBSTITUTE PRODUCTS, OR FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF
THE LICENSE OF, USE OF OR INABILITY TO USE ANY HME SOFTWARE OR
DOCUMENTATION, EVEN IF HME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL HME'S OR ITS SUPPLIERS' LIABILITY EXCEED THE
LICENSE FEE PAID BY YOU. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN
THE PRICE OF THE SOFTWARE LICENSE.
10) AUDIT. During the term of this Agreement and for three (3) years after termination or expiration,
you will maintain complete records regarding your use and distribution of the Software. Upon
reasonable notice to you, HME may audit, at HME's expense, your books and records to determine
your compliance hereunder. In the event any such audit reveals that you have underpaid HME by an
amount greater than five percent (5%) of the amounts due HME in the period being audited, or that
you have knowingly breached any material obligation hereunder, then, in addition to such other
remedies as HME may have, you shall pay or reimburse to HME the cost of the audit.