Echelon LonMaker - Manual (Page 387)

LonMaker User’s Guide 371
OR FROM AN ECHELON-APPROVED LONMAKER CREDIT RESELLER. IF YOU ATTEMPT
TO COMMISSION MORE THAN SUCH APPLICABLE NUMBER OF LONWORKS DEVICES
WITHOUT PURCHASING LONMAKER CREDITS, OR ATTEMPT TO INSTALL LONWORKS
DEVICES IN EXCESS OF THE NUMBER OF LONMAKER CREDITS WHICH YOU HAVE
PURCHASED, THE LICENSED SOFTWARE WILL CEASE TO OPERATE TO COMMISSION
LONWORKS DEVICES.
IN ADDITION, IF YOU HAVE ACQUIRED THE TRIAL VERSION OF THE LICENSED
SOFTWARE, THEN YOUR USE OF THE LICENSED SOFTWARE IS LIMITED TO THIRTY (30)
DAYS FROM THE TIME THE LICENSED SOFTWARE IS INSTALLED ON A COMPUTER, AND
THE LICENSED SOFTWARE WILL CEASE OPERATING AT THE END OF SUCH THIRTY (30)
DAY PERIOD.
LIMITED WARRANTY AND DISCLAIMER
Echelon warrants that, for a period of ninety (90) days from the date of delivery or transmission to You,
the Licensed Software under normal use will perform substantially in accordance with the Licensed
Software specifications contained in the Documentation. Echelon's entire liability and Your exclusive
remedy under this warranty will be, at Echelon's option, to use reasonable commercial efforts to attempt
to correct or work around errors, to replace the Licensed Software with functionally equivalent Licensed
Software, or to terminate this Agreement and accept return of the Licensed Software and refund Your
purchase price less a reasonable amount for use.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES AND CONDITIONS GIVEN BY
ECHELON ABOVE, ECHELON AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO OTHER
WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN
ANY COMMUNICATION WITH YOU, AND ECHELON AND ITS SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR
EQUIVALENTS. Echelon does not warrant that the operation of the Licensed Software will be
uninterrupted or error free or that the Licensed Software will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR
CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, OR SERVICES OR OTHER
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES,
COSTS OR EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE
LICENSED SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE).
THIS LIMITATION WILL APPLY EVEN IF ECHELON OR AN AUTHORIZED DISTRIBUTOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR
EXCLUDED, IN NO EVENT SHALL ECHELON'S OR ITS SUPPLIERS' LIABILITY EXCEED
THE AMOUNTS PAID FOR THE LICENSED SOFTWARE. ALL LIABILITY UNDER THIS
AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT. THE LIMITATIONS IN THIS
PROVISION INURE TO THE BENEFIT OF ECHELON’S THIRD PARTY SUPPLIERS. YOU
ACKNOWLEDGE THAT THE AMOUNTS PAID BY YOU FOR THE LICENSED SOFTWARE
REFLECT THIS ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.