Software Warranty
Portsmith LLC warrants the media (the diskettes) on which the software is furnished to be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of shipment.
This warranty applies only to software products. The warranty for hardware products is described elsewhere.
Portsmith LLC does not warrant that the operation of the program will meet your requirements or be error free. The program is provided “AS IS” without warranty of any kind. The entire risk as to the quality and performance of the program is with the purchaser. If the program proves defective or inadequate, purchaser assumes the entire cost of servicing or repair.
Portsmith LLC makes no other warranty, either expressed or implied, with respect to this product. Portsmith LLC specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you. However, any implied warranty of merchantability or fitness is limited to the ninety ( 90 ) day duration of this written warranty.
Purchaser's exclusive remedy shall be the replacement of defective media which is returned to Portsmith LLC. If Portsmith LLC is unable to replace the media within a reasonable amount of time, the purchaser may terminate this agreement by returning the program and all copies, documentation and proof of purchase for a refund of the purchase price.
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL PORTSMITH LLC BE LIABLE FOR ANY LOST PROFITS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
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