Clear-Com BS850 (Last time buy) - Manual (Page 47)

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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, then
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 as described in applicable written
materials provided to you by HME, and 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.