Software Warranty

This warranty shall be governed by the laws of the State of California and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of California for any dispute arising out of this warranty.

Mobility warrants the media, on which the software that accompanies this product is furnished, to be free of defects that substantially impair the use of the software for a period of ninety (90) days from the date of shipment.

This warranty applies only to software products. The warranty for hardware products is described elsewhere.

Mobility does not warrant that the operation of the program will meet your requirements or be error-free. The program is provided “AS IS” without warranty of any kind. The entire risk as to the quality and performance of the program is with the purchaser. If the program proves defective or inadequate, purchaser assumes the entire cost of servicing or repair.

MOBILITY MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE. MOBILITY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MOBILITY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you. However, any implied warranty of merchantability or fitness is limited to the ninety (90) day duration of this written warranty.

Purchaser's exclusive remedy shall be the replacement of defective media which is returned to Mobility. If Mobility is unable to replace the media within a reasonable amount of time, the purchaser may terminate this agreement by returning the program and all copies, documentation and proof of purchase for a refund of the purchase price.

THE REMEDIES PROVIDED HEREIN ARE PURCHASER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL MOBILITY BE LIABLE FOR ANY LOST PROFITS, ECONOMIC LOSS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.