Limited warranty
UTC FIRE & SECURITY warrants that for one (1) year from the date of delivery of
the Licensed Product (Software Warranty Period), the functions contained in the
Software will be fit for their intended purpose as described in the applicable
Documentation from UTC FIRE & SECURITY, and will conform in all material
respects to the specifications stated in such Documentation. UTC FIRE &
SECURITY does not warrant that the operation of the Software will be uninterrupted
or error-free. UTC FIRE & SECURITY does warrant that the media on which the
Software is furnished will be free from defects in materials and workmanship under
normal use for a period of thirty (30) days from the date of delivery (Media Warranty
Period). Except as specifically provided therein, any other software and any
hardware furnished with or accompanying the Software is not warranted by UTC
FIRE & SECURITY.
Your exclusive remedy under this limited warranty for nonconforming Software shall
be repair or replacement of the Software, at the sole discretion of UTC FIRE &
SECURITY. To obtain a repair or replacement of nonconforming Software, contact
UTC FIRE & SECURITY online at http://www.utcfireandsecurity.com/ during the
Software Warranty Period.
Except as expressly provided above, the licensed product is provided “as is” without
warranty of any kind, either expressed or implied, including, but not limited to, implied
warranties of merchantability or fitness for a particular purpose and, except as
expressly provided above, You assume the entire risk as to the quality and
performance of the licensed product.
Limitation of liability
UTC FIRE & SECURITY’s sole obligation or liability under this agreement is the
repair or replacement of nonconforming software and/or defective media according to
the limited warranty above. In no event will UTC FIRE & SECURITY be liable for
damages, whether consequential, incidental, or indirect, nor for loss of data, loss of
profits, or lost savings, arising from use or inability to use the software or
documentation (or any hardware furnished with the software), even if UTC FIRE &
SECURITY has been advised of the possibility of such damages, nor for any claim by
any third party.
General
Any materials provided to You by UTC FIRE & SECURITY shall not be exported or
reexported in violation of any export provisions of the USA or any other applicable
jurisdiction. Any attempt to sublicense, assign, or transfer any of the rights, duties, or
obligations hereunder shall be void. This Agreement shall be governed by and
interpreted under the laws of the State of New York, United States of America,
without regard to conflicts of law provisions. You hereby consent to the exclusive
jurisdiction of the state and federal courts located in Multnomah County, Oregon, to
resolve any disputes arising under or in connection with this Agreement, with venue
in Portland, Oregon.
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