Warranty - (Software License & Warranty Disclaimers) |
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(603) 226-DYNO |
END USER SOFTWARE LICENSE and WARRANTY DISCLAIMERSAll “Software” products, including standard and beta release versions of DYNO-MAXä for Windows, DYNO-MAXä 2000, DYNO-MAXä 2000 “Pro”, and the DYNOmite’s Data Acquisition Computer’s E-prom Software are licensed on a (non-transferable) as-is, without warranty, basis only. The software is non-assignable and may not be sub-licensed. There are no warranties which extend beyond those stated here. The purchase price of the software license does not include any setup, training, calibration, or other consulting services. By installing and/or using the Software you certify that you have read, understood and agreed to comply with and be bound by the following terms and conditions. If you do not agree with these terms and conditions do not install and/or use the Software. Only the company (or individuals) listed on the DYNO-MAX Software’s sign-on screen and report headings is granted a non-exclusive (and non-transferable) license to use such Software subject to the terms and conditions of this end user license agreement from Land & Sea, Inc. The Software may only be installed on a single computer for data acquisition, but up to one additional computer for data analysis. Otherwise, the Software may not be resold, distributed, or copied (except that back-up copies may be maintained by the licensee during the term of the license only). DisclaimersLimitations of warranties and liability: This Software is provided and licensed by Land & Sea, Inc. on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose or noninfringement, or those arising by law, statute, usage of trade, course of dealing or otherwise. the entire risk as to the results and performance of the software is assumed by you. To the maximum extent permitted by applicable law, neither Land & Sea, Inc., its dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Land & Sea, Inc. has been advised of the possibility of such damages, or they are foreseeable. Land & Sea, Inc. is also not responsible for claims by a third-party. The limitations set forth herein shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. For customers residing within the United states only: some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you are downloading this Software, the following applies: All risk of damage to the Software during transmission and download is assumed by you. Eligibility: To be eligible to download or use the Software you must be in compliance with applicable export laws. By downloading the Software you are representing and warranting to Land & Sea, Inc. you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of : Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Software, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Software for, and will not allow the Software to be used for any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to download or use the Software. To the maximum extent permitted by applicable law, neither Land & Sea, Inc., its dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if Land & Sea, Inc. has been advised of the possibility of such damages, or they are foreseeable. Land & Sea, Inc. is also not responsible for claims by a third-party. The limitations set forth herein shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. For customers residing within the United states only: some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. The only exception to the above is that the “Software’s media” will be replaced (if found to be unreadable) for a duration of 30-days from the original invoice ship date from Land & Sea, Inc. Any implied warranty determined to be applicable to the “Software’s media” is limited in duration to the duration of this warranty. In the event of a media defect in material or workmanship, Land & Sea’s sole responsibility is to repair (or at its option - replace or refund) the defective media. Final warranty determination will be the decision of Land & Sea, Inc. Land & Sea, Inc. shall not be responsible for (a) labor, transportation or other incidental charges or (b) consequential or other damages incurred by use of Land & Sea, Inc. Software media. Media replacement performance will be initiated by returning, under a Land & Sea, Inc. RMA#, the alleged defective media freight prepaid to Land & Sea, Inc. with dated purchase invoice. Any disputes arising between the parties over any products, services, warranties, terms, agreements, etc. shall be governed under the laws of the State of NH and in an appropriate court within its jurisdiction. This Software License Warranty Disclaimer supersedes all prior warranty statements. Inquiries concerning this Software License Warranty Disclaimer should be directed to:
Land & Sea, Inc. |
