ADIC Scalar 100 User Manual page 18

d.) Responsibility. Licensee has sole responsibility for use of the products and any
information entered, used, or stored thereon, including responsibility for protection
of data from modification, destruction, or disclosure, and for the accuracy and
integrity of the data. ADIC assumes no responsibility for Licensee's negligence or
failure to protect its data.
3. Warranty and Warranty Servicing.
a.) Warranty. ADIC warrants that for a period of 1 year from installation the
Software will conform to all substantial operational features in ADIC's current
published specifications and will be free of defects which substantially affect
performance of the Software. ADIC does not warrant that the Software will meet
the Licensee's requirements or that the operation of the Software will be
uninterrupted or error free. The Licensee must notify ADIC in writing, within 90
days after installation of the Software of Licensee's claim of any defect. If ADIC
determines that the Software is defective, ADIC's sole obligation is for ADIC, at its
option, to correct, any defect in the Software or to accept the return of the Software.
Where Software is returned for claims made during the warranty period, Licensee
will receive a refund for the Software. This warranty is made void if the Licensee or
any third party makes any modifications to the Software. ADIC is not responsible
for corrections necessitated by difficulties or defects traceable to Licensee's errors
or system changes.
b.) Compatibility. ADIC does not warrant that the Software is compatible with the
current releases of all operating systems, nor that the Software will be made
compatible with new releases of operating systems within a specified amount of
time, or at all. At Licensee's request, ADIC will notify Licensee of the version level
of the operating system with which the Software is intended to be compatible.
c.) Warranty Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY
STATED ABOVE, ADIC MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
FOR THE SOFTWARE, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Term and Termination. This License commences on the Effective Date and will con-
tinue in perpetuity unless Licensee fails to comply with any conditions of this
License. If Licensee breaches, ADIC may, after allowing Licensee a reasonable time
to cure its default, terminate this License upon written notice to the Licensee. Within
30 days after termination of this License, Licensee will certify, in writing, to ADIC,
that Licensee has discontinued the use of all Software and returned to ADIC the orig-
inal and all copies of the Software and Documentation in any form maintained by Lic-
ensee.
5. DISCLAIMER AND LIMITATION OF LIABILITY. THE LICENSEE HAS THE
SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP
OF ITS DATA USED IN CONNECTION WITH THE SOFTWARE. IN NO
EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR
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ADIC End User License Agreement