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tion in a way so divergent from the Specifications that it is unsuitable for the
purpose described in the Product description. Furthermore, if the required
functionality can be achieved by the Licensee indirectly (through a so called
"work-around"), then the applicable impairment shall not constitute a defect
giving rise to duties under the foregoing warranty. Licensor's sole obligation
under the foregoing warranty shall be, at Licensor's sole option and expense,
to either (a) replace the data carrier and/or the Software, so as to materially
conform with the Specifications (including, without limitation, replacement
with a more recent version or equivalent software); or (b) repair the Software
by providing, correction codes, work-around solutions and/or Updates, includ-
ing updated documentation and other documents; or (c) terminate this
License Agreement and refund all license fees received following the return of
the Software in accordance with Section 7 below. The foregoing warranty will
apply to any replaced data carriers and Software until expiry of the original
warranty period. The costs and risk of any delivery of Software to the service
point nominated by Licensor shall be borne by Licensee.
Obtaining warranty service. If Licensee detects a defect in the Software that
may give rise to a duty under the foregoing warranty, it will cease using the
Software immediately and notify Licensor or its local sales partner in writing of
the defect and provide sufficient supporting documentation within the period
for notifying defects. Such period for notifying defects is ninety (90) days from
the date of delivery of the data carrier medium (for a defect in the data carrier
medium) and one (1) year from the date of delivery of the Software (for a
defect in the Software). The written supporting documentation relating to the
defect will be sufficient if it permits the defect detected by Licensee to be
capable of reproduction by Licensor. Licensee will annex the relevant purchase
receipt so that Licensor can determine compliance with the periods for notify-
ing defects. Licensee will not carry out modifications or repairs itself or permit
such modifications or repairs to be carried out by unauthorized third parties. If
requested by Licensor, Licensee will support Licensor in the analysis of the cau-
ses and conditions giving rise to the defect, as well as in the development and
testing of correction codes or a work-around solution.
Warranty exclusive. Licensee's sole remedy for Software defects is set forth
in the foregoing express warranty. The Software is licensed with its current fea-
tures "as is" and with no warranty or guarantee of whatever nature, other than
the foregoing express warranty. Such express warranty is in lieu of all other
warranties, express or implied, either in fact or by operation of law, statutory
or otherwise, including warranties, terms or conditions of merchantability, fit-
ness for a particular purpose, satisfactory quality and non-infringement, all of
which are expressly disclaimed. Licensee acknowledges that Licensor's sales
partner or dealers are not allowed to provide any warranty, guarantee or assur-
ance with regard to the use, suitability, or results of use of the Software, or
with regard to the precision, accuracy or reliability thereof, and any such war-
ranty, guarantee or assurance is of no effect. It shall be the responsibility of
Licensee to select the Software that fulfils its requirements. Licensee shall bear
the full risk for the performance of and results achieved by the Software and
for its suitability for the use that Licensee has planned for it, even when Licen-
sor has been informed of the planned use of the Software.
Licensor shall be relieved of its obligations under the foregoing express
warranty to the extent that any defect is caused by circumstances for which it
is not responsible, including, without limitation, (a) non-compliance with the
conditions of use and operation contained in the Product description or the
documentation; (b) non-compliance with the provisions of this License Agree-
ment; (c) unauthorized modifications to or interference with the Software by
Licensee or third parties; (d) errors in the operation of the Software by Licen-
Leica Geosystems Software Licence Agreement
7
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