. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. IF THE SOFTWARE PROVES DEFECTIVE, YOU (AND NOT KODAK OR YOUR DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
LIMITATIONS OF REMEDIES
Kodak’s entire liability and your exclusive remedy shall be:
1.the replacement of any diskette not meeting Kodak’s “Limited War- ranty” that is returned to Kodak or your dealer with a copy of your receipt, or
2.if Kodak or the dealer is unable to deliver a replacement diskette that is free of defects in materials or workmanship, you may terminate this Agreement by returning the software.
IN NO EVENT WILL KODAK BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCI- DENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF KODAK OR YOUR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM- AGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the limitation or exclusion of liability for inci- dental or consequential damages, so the above limitation or exclusion may not apply to you.
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