Samsung A727 - SGH Cell Phone 28 MB User Manual download pdf (Page 198)

CELLDEK® SOFTWARE LICENSE

CellDEK® User Manual 198

this Agreement are retained by Licensor.

4. Warranty.

(a) Subsection 4(b) hereof provides Licensor’s twelve month limited warranty for the Software.

(b) Licensor warrants that for a period of twelve (12) months from installation of the Software,

the Software will perform in accordance with the Software documentation. In the event the

Software does not perform in accordance with such documentation, then during such twelve

month period, Licensor shall at its option: (i) correct any variance between the Software

performance and its documentation; or (ii) replace the Software media. The foregoing shall

be Your sole and exclusive remedy with respect to the Software or otherwise hereunder.

EXCEPT AS WARRANTED BY THE PRECEDING THREE SENTENCES, THE SOFTWARE

IS LICENSED AS IS, AND NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR

STATUTORY, WHETHER IN RELATION TO MERCHANTABILITY, HIDDEN DEFECTS,

FITNESS FOR PARTICULAR PURPOSE, COURSE OF PERFORMANCE, COURSE OF

DEALING, USAGE OF TRADE, NONINFRINGEMENT, THAT THE SOFTWARE’S

OPERATION SHALL BE ERROR FREE OR UNINTERRUPTED, OR OTHERWISE IS GIVEN

BY LICENSOR TO YOU OR ANY OTHER PARTY. LICENSOR SHALL NOT UNDER ANY

CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, DIRECT,

INDIRECT, SPECIAL, ORDINARY, EXEMPLARY, CONSEQUENTIAL OR OTHERWISE

(INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF REVENUE, PROFIT OR

USE OR COST OF CAPITAL OR OF SUBSTITUTE USE OF PERFORMANCE), ARISING

OUT OF OR RELATED IN ANY WAY TO THE TRANSACTIONS CONTEMPLATED

HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER

NO CIRCUMSTANCES SHALL LICENSOR’S TOTAL LIABILITY OF ALL KINDS ARISING

OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO ANY

WARRANTY OR SUPPORT-RELATED CLAIMS HEREUNDER), REGARDLESS OF

WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, STRICT LIABILITY, TORT

OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE DEVICE WITH

WHICH THE SOFTWARE IS PROVIDED (DETERMINED AS OF THE DATE OF ANY FINAL

JUDGMENT IN SUCH ACTION).

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Samsung A727 - SGH Cell Phone 28 MB User Manual Page 198