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Skutch Electronics TimeClockLE User Manual

Page 19

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SKUTCH during the one (1) year warranty period. In the event that SKUTCH fails to correct a material,
documented, reproducible defect during this period, SKUTCH may, at SKUTCH's discretion,
replace the defective Licensed Software or refund to Licensee the amount that Licensee paid SKUTCH for
the defective Licensed Software and cancel this Agreement and the licenses granted herein. In such event,
Licensee agrees to return to SKUTCH all copies of the Licensed Software (including the original).

EXCEPT AS EXPRESSLY SET FORTH ABOVE, SKUTCH EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, 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 LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC
LEGAL RIGHTS AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.

Limitation of Liability

IN NO EVENT SHALL SKUTCH BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES,
DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, EVEN IF SKUTCH WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO LICENSEE.

U.S. Government Restricted Rights. The Licensed Software is provided with Restricted Rights. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1)
(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR
52.227- 19, as applicable. Manufacturer is SKUTCH ELECTRONICS Inc. , 209 Kenroy Lane #9,
Roseville, California 95678 USA.