LIMITED WARRANTY
=================
NLynx warrants that, upon delivery by NLynx, the diskettes or other media on which the Software is distributed will be free from defects in materials for a period of 90 days. The Software itself IS LICENSED TO YOU ON AN "AS IS" BASIS. If the diskette or other media fails to comply with the warranty set forth above, NLynx will replace the diskette or other media. You must, however, return all copies of the Software; along with a copy of Your paid invoice, to NLynx within 90 days of the date You receive the Software.
This warranty gives You specific legal rights; in some jurisdictions You may have other rights under certain statutes which imply
Except as set out above and to the maximum extent permitted by law:
(A)NLYNX MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(B)NLYNX WILL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES EVEN IF NLYNX OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS NLYNX IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE SOFTWARE. IN ADDITION, NLYNX IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES OR COSTS INCURRED IN CONNECTION WITH OBTAINING SUBSTITUTE SOFTWARE, CLAIMS BY OTHERS, INCONVENIENCE OR SIMILAR COSTS;
(C)NLYNX IS NOT LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON IN EXCESS OF THE PRICE YOU PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM;
(D)ADDITIONAL STATEMENTS BY AGENTS, EMPLOYEES, DISTRIBUTORS AND DEALERS OF NLYNX, SUCH AS DEALER ADVERTISING OR PRESENTATIONS, DO NOT CONSTITUTE WARRANTIES OR CONDITIONS BY NLYNX, DO NOT BIND NLYNX AND SHOULD NOT BE RELIED UPON.
This warranty does not cover claims based on the fact that the disk or material has been lost, stolen or damaged by accident, misuse or unauthorized modification.
Though NLynx is not responsible for maintaining or helping you use the Software, NLynx does at its discretion offer support and service programs for certain software products. To receive the benefits of these programs, You must complete and return the enclosed User Registration Card.
This Agreement constitutes the entire agreement and supersedes any prior agreement between NLynx and You concerning the contents of this Package. NLynx is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless NLynx specifically agrees to the provision in writing. Any written or oral information or advice given by NLynx dealers, distributors, agents, or employees will in no way increase the scope of this Agreement, nor may You rely on any oral or written communications from any such persons. This Agreement can be amended, modified, or waived only if the change is written and signed by an authorized officer of NLynx.
ETU400 User Guide 011603 | iv |
