Comtech EF Data FX series 1005 Administrator's Manual page 12

Comtech EF Data / Stampede
LIMITED WARRANTY
LIMITED WARRANTY: Comtech EF Data warrants that (a) the SOFTWARE will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt
provided that it is used on the computer hardware and with the operating system for which it was designed.
Any implied warranties on the SOFTWARE are limited to ninety (90) days. These warranties commence on
the date you first obtain the product and extends only to you, the original customer. Some states/countries
do not allow limitations on duration of implied warranty, so the above limitations may not apply to you.
CUSTOMER REMEDIES: Comtech EF Data's entire liability and your exclusive remedy shall be, at Comtech EF
Data's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not
meet Comtech EF Data's Limited Warranty and which is returned to Comtech EF Data with a copy of your
receipt. IN NO CASE WILL COMTECH EF DATA'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE. This
Limited Warranty is void if failure to the SOFTWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty
(90) days, whichever is longer. Outside the United States, these remedies are not available without proof of
purchase from an authorized non-U.S. source.
NO OTHER WARRANTIES: The warranty and remedies set forth above are exclusive and in lieu of all other,
oral or written, expressed or implied. Comtech EF Data disclaims all other warranties, expressed or implied,
including, but not limited to, implied warranties or merchantability and fitness for a particular purpose, with
regard to the SOFTWARE, and the accompanying written materials. Comtech EF Data does not warrant that
the SOFTWARE's functions will meet your requirements or that its operation will be uninterrupted or error
free. This limited warranty gives you specific legal rights. You may have others which vary from
state/country.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event shall Comtech EF Data be liable for any damages
whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising out of the use of or inability to use this Comtech EF
Data product, even if Comtech EF Data Inc. has been advised of the possibility of such damages. Because
some states/countries do not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
EXPORT: You acknowledge that the laws and regulations of the United States restrict the export and re-
export of the SOFTWARE. You agree that you will not export or re-export the SOFTWARE in any form without
the appropriate United States and foreign government approval.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by
the Government is subject to restrictions as set forth in subparagraph (c)( 1) (ii) of the Rights in Technical
Data and Computer SOFTWARE clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the
Commercial Computer SOFTWARE-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Comtech EF Data (Stampede), 80A Rhoads Center Drive, Dayton, Ohio 45458. This Agreement is the entire
agreement between you and Comtech EF Data relative to the SOFTWARE and supersedes all prior written
statements, proposals or agreements relative to its subject matter. If you acquired this product in the United
States, this Agreement is governed by the laws of the State of Ohio. Should you have any questions
concerning this Agreement, or if you desire to contact Comtech EF Data, address your questions to:
Attention: Contracts Division.
FX Series Administration Guide - Version 6.2.2
Chapter: Using This Document
Section: FX Series End User License Agreement
xii
MN-FXSERIESADM6 Rev 6