Pandigital S8X1103 User Manual page 53

Remedy for breach of warranty
NewSoft will repair or replace the Software and / or updates at no charge. If NewSoft cannot repair or replace it,
NewSoft will refund the amount that End User paid for the Software. You must uninstall the Software and return any
media and other associated materials to NewSoft with proof of purchase to obtain a refund.
Limitation of Liability
NewSoft's and its suppliers' entire liability and End User's exclusive remedy shall be, at NewSoft's option, either
replacement of any media that does not meet the above limited warranty and that is returned to NewSoft or its distributor
with a copy of the purchase receipt, or if NewSoft or its distributor is unable to deliver replacement media which is free
from defects in materials or workmanship, the End User may terminate this EULA by returning the Software and End
User's money will be refunded.
To the maximum extent permitted by applicable law, in no event shall NewSoft or its suppliers be liable for any loss of
profits, information, business or other damages arising out of the use or inability to use the Software. NewSoft shall not
be liable for any damages claimed by End User based on any third party claim. In any case, NewSoft's entire liability
under any provision of this EULA shall be limited to the amount that End User paid for the Software. End User cannot
recover any other damages, including consequential, lost profits, special, indirect or incidental damages. Some countries
and states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to End User.
Applicable laws
This EULA is governed by the laws of the State of California, USA if End User acquired or uses this Software in the
United States. If this Software was acquired and is used exclusively outside of the United States, then local law may also
apply.
UG-E_S8X1103_v1.0_11-2012
53