TELTRONICS, INC. END USER LICENSE AGREEMENT (12.13.10)
Arcata 2203 iii User Guide
3. PRODUCT CHARGES AND LICENSE FEES. You agree to pay the then current Prices in the form of Product charges and Software license fees in
consideration of the rights granted under this Agreement.
4. TERM. The Agreement is effective upon your acceptance of its terms as herein provided or any use of the Products and shall continue until terminated.
You may terminate this Agreement at any time by returning the Software and all copies thereof and extracts therefrom to Teltronics. Teltronics may terminate this
Agreement upon the breach by You of any term of this Agreement, and Teltronics shall have the right to injunctive relief enjoining such acts or attempts constituting a
breach (in addition to other legal remedies, all of which are non-exclusive). Upon such termination by Teltronics, You agree to promptly return to Teltronics the
Software and all copies and extracts thereof. The following provision shall survive any termination of this Agreement: “Limited Warranty,” “Limitation of Liability,”
“Governing Law, Venue and Jurisdiction,” “Enforceability,” “No Waiver,” “Export Compliance,” and “Entire Agreement.”
5. LIMITED WARRANTY. IF YOU PURCHASED THE PRODUCT DIRECTLY FROM TELTRONICS, THE ONLY WARRANTY TELTRONICS PROVIDES WITH
RESPECT TO SUCH PRODUCT IS THE WRITTEN LIMITED WARRANTY STATEMENT INCLUDED WITH THE PRODUCT OR, IF NO LIMITED WARRANTY
STATEMENT IS INCLUDED WITH THE PRODUCT, THEN THE LIMITED WARRANTY STATEMENT AVAILABLE AT WWW.TELTRONICS.COM/LEGAL.ASP
SHALL APPLY TO SUCH PRODUCT. ANY SUCH LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TELTRONICS DOES NOT WARRANT THAT SUCH PRODUCT WILL BE WITHOUT FAILURE, DELAY,
ERROR, BREAKDOWN, OUTAGE, INTERRUPTION, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. THE REMEDIES
PROVIDED TO YOU UNDER TELTRONICS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES. IN THE EVENT THAT SUCH LIMITED
WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE REFUND OF WHATEVER PORTION
OF THE PRICE OR LICENSE FEE YOU PAID TO TELTRONICS FOR THE DEFECTIVE ITEM COVERED BY SUCH LIMITED WARRANTY. IF YOU PURCHASED
THE PRODUCT FROM A TELTRONICS AUTHORIZED RESELLER OR A TELTRONICS AUTHORIZED DISTRIBUTOR, THEN YOU AGREE TO LOOK TO SUCH
AUTHORIZED RESELLER OR AUTHORIZED DISTRIBUTOR ONLY, FOR ANY LIMITED WARRANTY THAT MAY APPLY TO THE PRODUCT (UNLESS IN LIEU
THEREOF, TELTRONICS AGREES IN WRITING TO OFFER ITS LIMITED WARRANTY STATEMENT DIRECTLY TO YOU).
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