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B
Warranty
to as "Software Owners"). Each Software Owner shall have the right to enforce this Agreement
against the Customer as to such Software Owner's Software.
3.
LIMITED WARRANTY.
a. Software Warranty. Nokia warrants that the Software will substantially conform to the
b. Warranty Services. In the event of a warranted problem with respect to the Software,
c. Exclusions. The above warranty does not apply if the Software or the equipment on
d. DISCLAIMER. THE WARRANTY ABOVE IS IN LIEU OF, AND NOKIA
4.
LIMITATION OF LIABILITY. IN NO EVENT WILL NOKIA, ITS SUPPLIERS OR
RESELLERS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY,
TORT OR OTHER THEORY FOR DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR DATA),
WHETHER OR NOT THEY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN THE
EVENT THAT ANY EXCLUSION CONTAINED HEREIN SHALL BEHELD TO BE INVALID
FOR ANY REASON AND NOKIA BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY
LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE PURCHASE
PRICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE
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published specifications for a period of ninety (90) days, plus a thirty (30) day transit
allowance, from the date of shipment. If the Software is found to contain a substantial
nonconformance, Nokia's sole obligation under this warranty shall be, at Nokia's option:
(a) to correct, or provide a "work around" for any material programming error or defect
in the Software, or (b) to refund to Licensee the purchase price paid and this Agreement
shall terminate.
Customer shall call its reseller for warranty services. All repair services are provided by
Nokia's authorized reseller from whom the Customer has purchased the product on which
the Software is imbedded.
which it resides (1) has been altered, except as authorized by Nokia, (2) has not been
installed, operated, repaired or maintained in accordance with any installation, handling,
maintenance or operating instructions supplied by Nokia, (3) has been subjected to
unusual physical or electrical stress, misuse, negligence or accident, (4) has been used in
ultra-hazardous activities, or (5) has been used in such a way that Nokia cannot
reasonably reproduce the Software error. Furthermore, the above warranty does not apply
to any portion of the product supplied by a third party. In no event does Nokia warrant
that the Software is error-free or that the Customer will be able to operate it without
problems or service interruptions.
DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR
IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, NON-
INTERRUPTION OF USE, FREEDOM FROM BUGS OR OTHERWISE. NO
DEALER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. NOKIA SPECIFICALLY
DISCLAIMS ANY WARRANTY FOR THIRD PARTY SOFTWARE SUPPLIED
WITH THE PRODUCT.
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