Vadem Clio C-1050 Series User Manual page 161

7. Restricted Rights, U.S. Government End Users. The Software is a
"commercial item", as that term is defined at 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire the Software
with only those rights set forth herein.
8. Limited Warranty. Vadem warrants that the media containing the Software, if
provided by Vadem, is free from defects in material and workmanship and will so
remain for ninety (90) days from the date you acquired the Software. Your sole
remedy, for any breach of this warranty shall be, in Vadem's sole discretion: (i) to
replace your defective media; or (ii) if the above remedy is impracticable, to
refund the license fee you paid for the Software. Replaced Software shall be
covered by this limited warranty for the period remaining under the warranty that
covered the original Software, or if longer, for thirty (30) days after the date of
shipment to you of the replaced Software. You must inform Vadem of a defect in
media during the applicable warranty period and provide evidence of the date
you acquired the Software for this warranty to be effective.
APART FROM THE FOREGOING, VADEM MAKES NO OTHER
WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS.
9. Limitation Of Liability. IN NO EVENT SHALL VADEM OR IT
LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY
KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER,
DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR
GOODWILL), WHETHER OR NOT VADEM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. VADEM'S LIABILITY
ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR
POSSESSION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION
ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE
AMOUNT OF THE LICENSE FEE FOR THE SOFTWARE PROVIDED
UNDER THIS AGREEMENT. This provision shall survive the expiration or
termination of this Agreement.
Clio User Manual F-3