Nothing in this CERTIFICATE shall be construed as;
-a warranty or representation by SCALI as to that anything made, used, sold or otherwise disposed of under the license granted in the CERTIFICATE is or will be free from infringement of patents, copyrights, TRADEMARKS, industrial design or other INTELLECTUAL PROPERTY RIGHTS ; or
-an obligation by SCALI to bring or prosecute or defend actions or suits against third parties for infringement of patents, copyrights,
Licensee’s Exclusive Remedy
In the event of any breach or threatened breach of this CERTIFICATE, hereunder the foregoing representation and warranty, the LICENSEE’s sole remedy shall be to require SCALI and its SCALI REPRESENTATIVE's to either;
-procure, at SCALI’s expense the right to use the SCALI SOFTWARE; or
-replace the SCALI SOFTWARE or any part thereof that is in breach and replace it with software of comparable functionality that does not cause any breach; or
-refund to the LICENSEE the full amount of the total purchase price paid by the LICENSEE for this CERTIFICATE upon the return of the SCALI SOFTWARE and all copies thereof to SCALI, deducted with the amount equivalent to the license and other services rendered until the matter causing the remedy in question occurred.
THE LICENSEE will receive the remedy elected by SCALI without charge, except that The LICENSEE is responsible for any expenses the LICENSEE may incur (e.g. cost of shipping the SCALI SOFTWARE to SCALI). Any commitment or obligation of SCALI to remedy LICENSEE in accordance with this CERTIFICATE is void if failure of the SCALI SOFTWARE or other breach of the CERTIFICATE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SCALI SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product maintenance and support services offered by SCALI are available without proof of purchase directly from SCALI or through a SCALI REPRESENTATIVE. To exercise the LICENSEE’s remedy, contact: SCALI as set out in ULR address WWW.scali.com or the SCALI REPRESENTATIVE serving the LICENSEE’s district.
Limitation on Remedies and Liabilities
The LICENSEE’s exclusive and maximum remedy for any breach of the CERTIFICATE is as set forth above. Except for any refund elected by SCALI, the LICENSEE is not entitled to any damages, including but not limited to consequential damages, if the SCALI SOFTWARE does not meet the DOCUMENTATION or SCALI otherwise does not meet the CERTIFICATE, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.
To the maximum event permitted by applicable law, in no event shall SCALI or SCALI REPRESENTATIVES be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SCALI SOFTWARE, the provision of or failure to provide maintenance and support services, or otherwise under or in connection with any provision of this CERTIFICATE, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of SCALI or a SCALI REPRESENTATIVE, and even if SCALI or a SCALI REPRESENTATIVE has been advised of the possibility of such damages.
Scali MPI Connect Release 4.4 - Users Guide | vii |