License Agreement iii
8. MISCELLANEOUS This LICENSE, including the disclaimer of warranty
and limited warranty, is governed by the laws of the State of California,
excluding its choice of law rules.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
The SOFTWARE and the accompanying materials (including instructions
for use) are provided "as is" without warranty of any kind. Further, Dionex
does not warranty, guarantee, or make any representations regarding the
use, or the results of the use, of the SOFTWARE or written materials in
terms of correctness, accuracy, reliability, currentness, or otherwise. The
entire risk as to the results and performance of the SOFTWARE is
assumed by the LICENSEE.
Dionex warrants to the original LICENSEE that the disks on which the
software is recorded are free from defects in material and workmanship
under normal use and service for a period of 90 days from the date of
delivery of this individual LICENSE as evidenced by a copy of the receipt.
The entire liability of Dionex and the exclusive remedy to the LICENSEE
shall be, at the discretion of Dionex, either (a) return of the purchase price
or (b) replacement of any defective disks that are returned to Dionex with a
copy of the receipt. If failure of the disks has resulted from accident, abuse,
or misapplication, Dionex shall have no responsibility to replace the disks
or refund the purchase price. Any replacement disk shall be warranted for
the remainder of the original warranty period or thirty (30) days, whichever
is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND AND
DIONEX HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, THAT ARE MADE BY DIONEX ON THIS
PRODUCT. No oral or written information or advice given by Dionex, its
dealers, distributors, agents, or employees shall create a warranty or in any
way increase the scope of this warranty, and the LICENSEE may not rely
on such information or advice.
NEITHER DIONEX NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS SOFTWARE, EVEN IF DIONEX HAS BEEN