Pandigital PANSCN09 User Manual page 38

Upgrades
If the Software is labeled as an upgrade, End User must be properly licensed to use the Software
identified by NewSoft as being eligible for the upgrade in order to use the Software. Software labeled as
an upgrade replaces and/or supplements the product that forms the basis for the End User's eligibility
for the upgrade. End User may use the resulting upgraded product only in accordance with the terms of
this EULA. If the Software is an upgrade of a component of a package of software programs licensed as
a single product, the Software may be used and transferred only as part of that single product package
and may not be separated for use on more than one computer.
Ownership of Software
End User owns the media upon which the Software is recorded or fixed, but NewSoft and its suppliers
retain title and ownership of the Software recorded on the original media and all subsequent copies of
the Software, regardless of the form or media in which or on which the original and other copies may
exist. This Software is licensed and not sold. This EULA only gives End User some rights to use the
Software. NewSoft, and if applicable its suppliers, reserve all other rights. Unless applicable law gives
you more rights despite this limitation, your may use the Software only as expressly permitted in this
EULA.
NewSoft Limited Warranty
NewSoft and its suppliers warrant that the media upon which the Software is furnished will be free from
defects in material and workmanship, assuming normal use, for a period of ninety (90) days from the
date of purchase or delivery to the End User.
This Limited Warranty is void if failure of 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 (30) days, whichever is longer.
To the extent permitted by law, any implied warranties, guarantees or conditions last only during the
term of the limited warranty. Some countries and states do not allow limitations on how long an implied
warranty lasts, so these limitations may not apply to End User.
NewSoft and its suppliers do not and cannot warrant the performance or results End User may obtains
by using the Software or documentation, nor does NewSoft warrants the Software will be uninterrupted
or error-free. The entire risk as to the results and performance of the Software is assumed by End User.
Except for the express limited warranty set forth above, NewSoft grants no other warranties, expressed
or implied, regarding the Software or the media as to merchantability, non-infringement of third party
rights, or fitness for a particular purpose. No oral or written information or advice given by NewSoft, its
distributors, dealers, agents, or employees shall create a warranty or in any way increase the scope of
this warranty and End User may not rely on any such information or advice.
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.
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