Limited Software Warranty
WARRANTY
If you discover physical defects in the medium on which the Software or the Documentation are distributed, at its option, GCC will either replace the medium at no charge to you or terminate the License and require the return of your Product, and upon such return, refund to you the purchase price thereof. To qualify for this warranty, you must return the defective medium with
Except as set forth in the immediately preceding paragraph, GCC PROVIDES THE SOFTWARE AND THE DOCUMENTA-
TION “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMIT- ED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WAR- RANTIES OF QUALITY OR PERFORMANCE. YOU THE LICENSEE ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE AND THE DOCUMENTATION AND THE RESULTS OF ITS USE. Your exclusive remedy with respect to the Software, the Documentation and this License Agreement, shall be limited to the replacement of any defective medium, or refund of the purchase price of your Product, as set forth above.
APPLE COMPUTER, INC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE ENCLOSED COMPUTER SOFTWARE PACKAGE, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS. THERE MAY BE OTHER RIGHTS THAT YOU HAVE WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL GCC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, even if advised of the possi- bility of such damages. In particular, GCC shall have no liability for any programs or data stored or used with the Software, including the costs of recovering such programs or data. In no event shall GCC’s liability with respect to the Software, the Documentation and this License Agreement, in contract, tort (including negligence) or otherwise, exceed the original price paid by you for your Product.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No GCC dealer, agent, or employee is authorized to make any modification or addition to this warranty.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WAR- RANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
GENERAL
This License Agreement is governed by the laws of the Commonwealth of Massachusetts. This License Agreement constitutes the entire agreement between GCC and you concerning the Software and the Documentation, and supersedes all prior communications, agreements and understandings, written or oral, between GCC and you with respect thereto.
Should you have any questions concerning this License Agreement, the Software or the Documentation, you may contact GCC by writing to Customer Service, GCC Technologies Inc., 209 Burlington Road, Bedford, MA
TRADEMARKS
GCC Technologies and the GCC Technologies logo are registered trademarks of GCC Technologies Inc. GCC printers, the GCC printers logo and Elite are trademarks of GCC Technologies, Inc. Apple, AppleTalk, LaserWriter, EtherTalk, Macintosh, and the Apple logo are registered trademarks of Apple Computer, Inc. Finder and TrueType are trademarks of Apple Computer, Inc. PostScript is a registered trademark of Adobe Systems Incorporated. Adobe and Acrobat are registered trademarks of Adobe Systems Incorporated. IBM is a registered trademark of International Business Machines Corp. Helvetica, Palatino, and Times are registered trademarks of
