D:Lantronix Software License Agreement
5.LIMITED WARRANTY. As its only Warranty under this Agreement, Lantronix warrants the media on which the Software is provided to be free from defects in materials under normal use for a period of 90 days from the date of the purchase of the Lantronix UBox 4100 or UBox 2100 hardware. EXCEPT AS EXPRESSLY WARRANTED HEREIN, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. LANTRONIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE DEFECTS WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC, LIMITED RIGHTS. YOU MANY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
6.LIMITATION OF LIABILITY. Lantronix's entire liability and your sole remedy under this License Agreement is, at Lantronix's option, either: a) the return of payment as evidenced by a copy of your purchase receipt; or b) the replacement of the media not meeting Lantronix's Limited Warranty. IN NO EVENT WILL LANTRONIX OR ITS VENDORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INFORMATION, OR USE) EVEN IF LANTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7.Governing Law. This Agreement is governed by the laws of the State of California.
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