Limitations
. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
. USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE TRILOGY
PRODUCT AS SET FORTH HEREIN.
. IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF
COMPETENT JURISDICTION, TRILOGY'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE
SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE.
. IN NO EVENT SHALL TRILOGY ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT
LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM
IS BASED UPON THEORIES OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR
OTHERWISE.
Miscellaneous:
. NO SALESPERSON, EMPLOYEE OR AGENT OF TRILOGY IS AUTHORIZED TO ADD TO OR VARY
THE TERMS OF THIS WARRANTY.
. This Warranty is effective as of the date of TRILOGY receipt of full payment and supersedes all previous
warranties. TRILOGY reserves the right to supplement or change the terms of this Warranty in any
subsequent warranty offering to User or others.
. In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during
the warranty period, the remaining terms and provisions shall continue in full force and effect.
. This Warranty is given in and performance hereunder is to be construed under the laws of the State of
California.
. This Warranty represents the entire agreement between TRILOGY and User with respect to the subject
matter herein and supersedes all prior or contemporaneous oral or written communications, representations,
understandings or agreements relating to this subject.
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