Datacryptor Ethernet User Manual | Preface |
LIMITED WARRANTY
The following limited warranty applies only to the Software and/or Firmware licensed hereunder. The hardware Machine is warranted pursuant to a separate Warranty set forth in the Machine documentation. The Machine documentation is contained on the
During the first 90 days after receipt of the Software and/or Firmware by you, as evidenced by a copy of your receipt, invoice or other proof of purchase (the "Warranty Period"), THALES warrants, for your benefit alone, that the Software and Firmware when properly installed, will perform substantially in conformance with the Documentation provided by THALES at the time you obtained the Software and/or Firmware from THALES or its authorized resellers, and that the media on which the Software and/or Firmware is furnished will be free from defects in materials and workmanship under normal use.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE WARRANTIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WHEREVER SUCH EXCLUSION IS NOT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE WARRANTY PERIOD. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
THALES does not warrant that the functions contained in the Software or Firmware will meet your requirements or that their operation will be uninterrupted or error free.
LIMITATIONS OF REMEDIES
THALES, its authorized resellers’, and/or its suppliers' entire liability and your exclusive remedies under this Agreement are as follows:
(1)THALES shall use commercially reasonable efforts to correct any defect in the Software or Firmware which is reported by you during the Warranty Period in writing to THALES, provided such defect can be recreated by THALES in an unmodified version of the Software or Firmware. However, if THALES is unable to correct such defect within a reasonable amount of time, you may terminate this Agreement by returning the Software, Machine including Firmware, Documentation, and Key to the place where you obtained them either for replacement or, if so elected by THALES, a refund of the amount paid by you for the subject item.
(2)THALES shall replace any media not meeting THALES’ "Limited Warranty" and which is returned to THALES with a copy of your receipt, invoice or other proof of purchase or, if THALES is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software, Firmware, Documentation, and Key to the place where you obtained them for a refund of the amount paid by you for the subject item.
IN NO EVENT WILL THALES, ITS AUTHORIZED RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR TYPE, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED PRODUCT(S), OR COST OF SUBSTITUTED FACILITIES, PRODUCTS OR SERVICES WHICH ARISE OUT OF THALES’ PERFORMANCE OR FAILURE TO PERFORM ANY OBLIGATION CONTAINED WITHIN THIS AGREEMENT OR WITH USE, OR INABILITY TO USE, SOFTWARE AND/OR FIRMWARE, WHETHER THE CLAIM FOR DAMAGES IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR FOR DAMAGE TO REAL OR TANGIBLE PROPERTY TO THE EXTENT CAUSED BY THALES’ FAULT OR NEGLIGENCE, THALES’ MAXIMUM LIABILITY FOR ANY CLAIM FOR DAMAGES RELATING TO THALES’ PERFORMANCE OR NON- PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (a) YOUR ACTUAL DAMAGES OR (b) THE COST OF THE PRODUCT GIVING RISE TO THE LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PURCHASES BY OR FOR THE FEDERAL GOVERNMENT
The government hereby agrees that this software qualifies as "commercial computer software" as that term is used in the acquisition regulation applicable to a purchase order or contract. This software may not be acquired by the government in a contract incorporating clauses prescribed by DFARS Subpart 227.4 (OCT 1988), in which case the government hereby agrees to return the software unused, in exchange for refund of the full purchase price.
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