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5. Updates
If the Software is an Update to a prior version of MetLogix software (the “Prior Version”), the following
apply:
Your use of this Update is conditional upon your retention of the Prior Version. Therefore, if you validly
transfer this Update pursuant to Section 4.6, you must transfer the Prior Version along with it. If you wish
to use this Update in addition to the Prior Version, you may only do so on the same computer on which
you have installed and are using the Prior Version. Any obligation that MetLogix may have to support
Prior Versions may end upon the availability of this Update. No other use of the Update is permitted.
Additional Updates may be licensed to you by MetLogix with additional or different items.
6. Limited Warranty
MetLogix warrants to the individual or entity that first purchases a license for the Software for use
pursuant to the terms of this agreement that the Software will perform substantially in accordance with the
Documentation for the ninety (90) day period following receipt of the Software when used on the
recommended operating system and hardware configuration. Non-substantial variation of performance
from the Documentation does not establish a warranty right. This limited warranty does not apply to the
following which are made available “AS-IS” and without warranty from MetLogix: patches, font software;
pre-release (beta), trial, starter, evaluation, product sampler, and not for resale (NFR) copies of the
Software including but not limited to Evaluation Software. All warranty claims must be made, along with
proof of purchase, to MetLogix within such ninety (90) day period. If the Software does not perform
substantially in accordance with the Documentation, the entire liability of MetLogix and its affiliates and
your exclusive remedy will be limited to either, at MetLogix’ option, replacement of the Software or refund
of the license fee you paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS
SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER
LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. METLOGIX DOES NOT SEEK TO
LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
7. Disclaimer
THE LIMITED WARRANTY IN SECTION 6 IS THE ONLY WARRANTY OFFERED BY METLOGIX, ITS
AFFILIATES, AND SUPPLIERS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR
METLOGIX’, ITS AFFILIATES’, OR SUPPLIERS’ BREACH OF THAT OFFERED WARRANTY. THE
LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICBLE TO
THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES APPLICABLE
TO THE SOFTWARE, METLOGIX, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES
DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESSED OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY
MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, AND
FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY
WARRANTIES AND REMEDIES, METLOGIX, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE
AUTHORITIES PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, METLOGIX OR THIRD
PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES AS-IS AND WITH ALL
FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU
MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR
DISCLAIMED. METLOGIX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT
NOT PERMITTED BY LAW.
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