ETU400 User Guide 011603
iv
LIMITED WARRANTY
=================
NLynx warrants that, upon delivery by NLynx, the diskettes or other media
on which the Software is distributed will be free from defects in
materials for a period of 90 days. The Software itself IS LICENSED TO
YOU ON AN "AS IS" BASIS. If the diskette or other media fails to comply
with the warranty set forth above, NLynx will replace the diskette or
other media. You must, however, return all copies of the Software; along
with a copy of Your paid invoice, to NLynx within 90 days of the date You
receive the Software.
This warranty gives You specific legal rights; in some jurisdictions You
may have other rights under certain statutes which imply non-excludable
warranties.
Except as set out above and to the maximum extent permitted by law:
(A) NLYNX MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER
EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE;
(B) NLYNX WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF NLYNX OR ITS AGENT HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS NLYNX IS NOT
RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS
OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE
SOFTWARE. IN ADDITION, NLYNX IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR
COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, CLAIMS
BY OTHERS, INCONVENIENCE OR SIMILAR COSTS;
(C) NLYNX IS NOT LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON IN
EXCESS OF THE PRICE YOU PAID FOR THE LICENSE TO USE THE SOFTWARE,
REGARDLESS OF THE FORM OF THE CLAIM;
(D) ADDITIONAL STATEMENTS BY AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS
OF NLYNX, SUCH AS DEALER ADVERTISING OR PRESENTATIONS, DO NOT CONSTITUTE
WARRANTIES OR CONDITIONS BY NLYNX, DO NOT BIND NLYNX AND SHOULD NOT BE
RELIED UPON.
This warranty does not cover claims based on the fact that the disk or
material has been lost, stolen or damaged by accident, misuse or
unauthorized modification.
Though NLynx is not responsible for maintaining or helping you use the
Software, NLynx does at its discretion offer support and service programs
for certain software products. To receive the benefits of these
programs, You must complete and return the enclosed User Registration
Card.
This Agreement constitutes the entire agreement and supersedes any prior
agreement between NLynx and You concerning the contents of this Package.
NLynx is not bound by any provision of any purchase order, receipt,
acceptance, confirmation, correspondence, or otherwise, unless NLynx
specifically agrees to the provision in writing. Any written or oral
information or advice given by NLynx dealers, distributors, agents, or
employees will in no way increase the scope of this Agreement, nor may
You rely on any oral or written communications from any such persons.
This Agreement can be amended, modified, or waived only if the change is
written and signed by an authorized officer of NLynx.