Year 2000 Warranty
The Company represents and warrants that computer programs in any medium, software,
firmware and combinations thereof (“Deliverables”) manufactured by the Company and
incorporated into or supplied by the Company for use with goods manufactured by the Company
will, under normal use and care:
i) recognize and accept dates falling on or after 1 January 2000;
ii) recognize and accept the year 2000 and every succeeding fourth year as leap
years;
iii) recognize and accept 29 February in the year 2000 and every succeeding fourth
year;
iv) record, store, process, sequence, present and output calendar dates and data related
to dates falling on or after 1 January 2000, in the same manner and with the same
functionality as they do on or before 31 December 1999 and without errors or
omissions; and
v) lose no functionality with respect to the introduction into them of dates or data
related to dates falling on or after 1 January 2000;
provided that, in the case of any non-conforming Deliverables that are returned to the Company
promptly following discovery of the non-conformity, the Company will, at its option and cost,
repair or replace such Deliverable or refund to the Purchaser the purchase price therefor. This
shall be the Purchaser's sole and exclusive remedy for breach of the foregoing warranty.
Notwithstanding the foregoing, the Company shall not, under any circumstances whatsoever, be
liable for any defects or errors caused by: materials or workmanship made, furnished or specified
by the Purchaser; non-compliance with the Company's installation or operation requirements;
failure to install any revisions and/or upgrades to the Deliverables deemed mandatory by the
Company; any modifications to Deliverables not previously authorized by the Company in
writing; the use by the Purchaser of any non-authorized spare or replacement parts in connection
with the goods used in conjunction with the Deliverables; or the use of the Deliverables with any
hardware or software not supplied by the Company. The Purchaser shall at all times remain
solely responsible for the adequacy and accuracy of all information supplied by it. Any third
party content in Deliverables shall carry only the warranty extended by the original manufacturer.
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