implied, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. The Purchaser assumes entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, the Purchaser (and not MCC, authorized MCC distributors, or dealers) assume the entire cost of all necessary servicing, repair or correction.
Limitation of Remedies and Damages
MCC's entire liability and remedy will be the replacement of any disks not meeting MCC "Limited Warranty" explained above.
In no event will MCC be liable for any damages direct, indirect, incidental, or consequential, including damages for lost profits, lost savings, or other incidental or consequential damage arising out of the use or inability to use such Software, even if MCC has been advised of the possibility of such damages or for any claim by any other party. In no event will MCC's liability of damages to the Purchaser or any other person ever exceed the amount of the license fee paid by the Purchaser to use the Software regardless of the form of the claim.
This Agreement is governed by the laws of the State of New Jersey USA (except federal law governs copyrights and registered trademarks.) If a provision of this Agreement is deemed invalid by any court having jurisdiction, that particular provision will be deemed deleted and will not affect the validity of any other provision of this Agreement.
For the latest product information, application notes, and free software updates
visit our Web Site at:
56
