7. Limited Warranty

EPSON warrants that the media on which the Software is recorded will be free from defects in workmanship and materials for a period of 90 days from the date of payment of license fee. If the media and dated proof of purchase are returned to EPSON or the dealer from which the media was obtained within 90 days of the date of payment of the license fee, and if EPSON determines the media to be defective and provided the media was not subject to misuse, abuse or use in defective equipment, EPSON will, at its option, ( 1) replace the media, or (2) refund the license fee paid by you, upon your return to EPSON of the Licensed Materials, including all copies of any portions thereof, and dated proof of payment of the license fee. ALL IMPLIED WARRANTIES ON THIS MEDIA, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.

IN NO EVENT WILL EPSON’S OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIAL, EVEN IF EPSON OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPSON’S OR SUCH OTHER PARTY’S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEES PAID FOR THE LICENSED MATERIALS.

8. General

If any provision or portion of a provision of this Agreement is determined to be invalid under any applicable law, shall be deemed omitted and the remaining provisions and partial provisions of this Agreement shall continue in full force and effect. Any notices or other communications to be sent to EPSON must be mailed by certified mail to one of the addresses on the last page of this Agreement.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings are hereby expressly cancelled.