AccuPoint Advanced HC User’s Guide
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6.0 WARRANTY
6.1 LICENSOR warrants that for ninety (90) days from the date the Licensed
Program is received, the Licensed Program supplied by LICENSOR shall perform in
accordance with the standards set forth in the user manual related to the Licensed
Program, if any, provided that the attached Software Registration Form has been
returned to LICENSOR.
6.2 The above warranty does not extend and shall not apply to licensed Program to
the extent that any breach of warranty is caused by the Licensed Program being:
(a) not Used in accordance with the user manual supplied hereunder;
(b) Used in combination with any program material not licensed herein;
(c) modified by LICENSEE; or
(d) Used with equipment other than the Designated Equipment.
6.3 LICENSOR MAKES NO WARRANTIES THAT ERRORS HAVE BEEN COMPLETELY
ELIMINATED FROM THE LICENSED PROGRAM OR THAT USE OF ANY LICENSED
PROGRAM WILL NOT INFRINGE UPON ANY PATENT, COPYRIGHT, OR TRADEMARK.
LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY
WITH RESPECT TO THE LICENSED PROGRAM. THIS LIMITED WARRANTY GIVES
LICENSEE SPECIFIC LEGAL RIGHTS, AND LICENSEE MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
7.0 TERMINATION
7.1 IF LICENSEE fails to comply with any term or condition of this License, LICENSOR
may notify LICENSEE in writing of such failure. If LICENSEE fails to cure such failure
within thirty (30) days of such written notice, this License be terminated.
7.2 LICENSEE may terminate this License at will on thirty (30) days prior written
notice to LICENSOR. Within ten (10) days after termination, LICENSEE shall certify in
writing to LICENSOR that all copies, in whole or in part, in any form, of the Licensed
Program have been destroyed or returned to LICENSOR.
7.3 LICENSOR shall have the right to terminate this License of LICENSEE’S normal
Business operations are disrupted for more than thirty (30) days, by reason of
insolvency, bankruptcy, or receivership.
8.0 LIMITATION OF LIABILITY
8.1 The total liability of LICENSOR or its suppliers for any claim or damage arising
out of the Use of Licensed Program or in connection with any breach of this License
shall be limited to direct damages and shall not exceed the License fees which have
been paid by LICENSEE to LICENSOR for use of the Licensed Program which is the
subject of such claim or damage.
8.2 IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE RESPONSIBLE FOR ANY
SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE