U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
MISCELLANEOUS
a. If you acquired this product in the United States, this EULA is governed by the laws of the State of South Carolina. In the event of any dispute arising under this license or from the use of the SOFTWARE PRODUCT, each party irrevocably agrees to the jurisdiction of the United States District Court for the District of South Carolina, Charleston Division.
b. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. In the event of any dispute arising under this license or from the use of the SOFTWARE PRODUCT, each party irrevocably agrees to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
c. If this product was acquired outside the United States, then local law may apply.
LIMITED WARRANTY. Sawgrass warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt, and (b) any Support Services provided by Sawgrass shall be substantially as described in applicable written materials provided to you by Sawgrass, and Sawgrass support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
CUSTOMER REMEDIES. Sawgrass' and its suppliers' entire liability and your exclusive remedy shall be, at Sawgrass' option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Sawgrass' Limited Warranty and which is returned to Sawgrass with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Sawgrass are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Sawgrass and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Sawgrass or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Sawgrass has been advised of the possibility of such damages. In any case, Sawgrass' entire liability under any provision of this EULA shall be limited to U.S. $5.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.