US SupplementUS - 2
Roche Diagnostics
Operator’s Manual US Supplement
OS-01288-03
OS-01287-03
Limited warranty and limitation of liability for software
The software described in this Operator’s Manual (the “Software”) is
provided “as is” without warranty of any kind, either express or implied,
including, but not limited to the implied warranties of merchantability
or fitness for a particular purpose. ROCHE SPECIFICALLY DISCLAIMS
ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. The
entire risk as to the quality and performance of the Software is with
Customer should the Software prove to be defective. Customer assumes
the entire costs of all necessary servicing, repair or correction of the
Software. However, Roche warrants that the program media on which the
Software is furnished is and will remain free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the
date of delivery.
If the Software application program media is found defective, Roche’s
sole obligation under this warranty is to remedy such defect in a manner
consistent with Roche’s regular business practices. In the event that
Roche is unable to remedy such defect within a reasonable amount of
time, Roche may terminate the license for the Software granted in the
Operator’s Manual by written notice to Customer, in which event Customer
shall be entitled to a refund of the unamortized portion of any applicable
license fee actually paid by Customer to Roche for the Software. In such
an event, Customer must return the defective program media to Roche as
a condition to receipt of Customer’s refund. The foregoing obligations to
remedy defects and to refund license fees do not apply if the Software has
been altered by Customer or has not been installed, operated, repaired or
maintained in accordance with any written instructions provided by Roche.
Any service provided by Roche to remedy problems due to Customer’s
errors or system and network inadequacies shall be billed at Roche’s
standard time and material charges.
IN NO EVENT WILL ROCHE OR ANY OF ROCHE’S AFFILIATES (OR THEIR
RESPECTIVE OFFICERS, EMPLOYEES, CONSULTANTS, ATTORNEYS
OR AGENTS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGE TO COMPUTER SOFTWARE OR HARDWARE (WHETHER OR NOT
PROVIDED BY ROCHE), LOST PROFITS, LOST DATA OR INFORMATION,
LOSS OF USE OF THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF
BUSINESS REPUTATION OR GOODWILL, DOWNTIME COSTS, OR ANY
OTHER COMMERCIAL DAMAGES OR LOSSES WHICH CUSTOMER MAY
INCUR OR EXPERIENCE, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR
RELATING TO THE SOFTWARE, HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY, EVEN IF ROCHE OR ANY OF ITS AFFILIATES
HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ROCHE’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR
RELATING TO THE USE OF THE SOFTWARE BY CUSTOMER SHALL BE
LIMITED, AT ROCHE’S OPTION, TO REPLACEMENT OF THE SOFTWARE
OR A REFUND BY ROCHE OF ANY LICENSE FEES RECEIVED FROM
CUSTOMER WITH RESPECT TO THE SOFTWARE.
