AC-015 Page II March 2008
must be returned to Rosslare or all copies of the Software destroyed.
Limited Product Warranty. Rosslare warrants that any hardware
products accompanying this documentation shall be free from
significant defects in material and workmanship for a period of one year
from the date of purchase. Rosslare also warrants that the Software
accompanying this documentation will perform substantially in
accordance with the documentation for a period of 90 days from
purchase. Rosslare’s hardware and software warranty is nontransferable
and is limited to the original purchaser. Product Remedies. Rosslare’s
entire liability and the licensees exclusive remedy for any breech of
warranty, shall be, at Rosslare’s sole option, either a) return the price
paid or b) repair or replacement of hardware or software, provided that
the hardware is returned to the point of purchase, with a copy of the
sales receipt. Any replacement hardware and software will be warranted
for the remainder of the original warrantee period or 30 days for the
hardware and 30 days for the software, whichever is longer. The
remedies are void if failure of the software or hardware has resulted
from abuse, accident or misapplication.
Limitation of Liability.
THE WARRANTIES SET FORTH IN THIS AGREEMENT
REPLACE ALL OTHER WARRANTIES. ROSSLARE EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS WITH RESPECT TO THE DOCUMENTATION,
SOFTWARE, AND HARDWARE. NO ROSSLARE DEALER,
AGENT, OR EMPLOYEE IS AUTHORISED TO MAKE ANY
MODIFICATION, EXTENSION, OR ADDITION TO THIS
WARRANTY. IN NO EVENT WILL ROSSLARE OR IT”S
SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT
OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS,
LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL
DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING IN ANYWAY OUT OF THE SALE, OF, USE
OF, OR INABILITY TO USE ANY ROSSLARE PRODUCT OR
SERVICE, EVEN IF ROSSLARE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL
ROSSLARE’S LIABILITY EXCEED THE ACTUAL MONEY PAID
FOR THE PRODUCTS AT ISSUE. Because some jurisdictions do not
allow the implementation of limited warranties or liability for incidental,
consequential, special, or indirect damages, the above limitation may
not always apply. The above limitations will not apply in case of
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