Clear-com BS850 (Last time buy) User Manual download pdf (Page 47)

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.

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Clear-com BS850 (Last time buy) User Manual Page 47

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