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TIMETRAX BIO
8)
LIMITED WARRANTY. Pyramid
Technologies, LLC. warrants that (a) the TimeTrax
Bio software will, for a period of ninety (90) days
from the date of delivery, perform substantially in
accordance with Pyramid Technologies, LLC.'s written
materials accompanying it, and (b) any Support
Services provided by Pyramid Technologies, LLC. shall
be substantially as described in applicable written
materials provided to You by Pyramid Technologies,
LLC.
CUSTOMER REMEDIES. In the event
of any breach of warranty or other duty owed by
Pyramid Technologies, LLC., Pyramid Technologies,
LLC.'s and its suppliers' entire liability and Your
exclusive remedy shall be, at Pyramid Technologies,
LLC.'s option, either (a) return of the price paid by
You for the TimeTrax Bio software (not to exceed the
suggested U.S. retail price) if any, (b) repair or replace-
ment of the defective TimeTrax Bio software or (c) re-
performance of the Support Services. This Limited
Warranty is void if failure of the TimeTrax Bio soft-
ware has resulted from accident, abuse, or misapplica-
tion. Any replacement TimeTrax Bio software will be
warranted for the remainder of the original warranty
period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, PYRAMID TECHNOLOGIES, LLC. AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT, WITH REGARD TO THE TIMETRAX
BIO SOFTWARE AND THE PROVISION OF OR FAIL-
URE TO PROVIDE SUPPORT SERVICES. THE LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
Some states and jurisdictions do not allow disclaimers
of or limitations on the duration of an implied war-
ranty, so the above limitation may not apply to You.
To the extent implied warranties may not be entirely
disclaimed but implied warranty limitations are
allowed by applicable law, implied warranties on the
TimeTrax Bio software, if any, are limited to ninety
(90) days.
Pyramid Technologies, LLC
48 Elm Street
Meriden, CT 06450
www.PyramidTechnologies.com
©2007 Pyramid Technologies, LLC. All rights reserved.
9)
LIMITATION OF LIABILITY. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL PYRAMID TECHNOLO-
GIES, LLC. OR ITS SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUEN-
TIAL DAMAGES WHATSOEVER (INCLUDING, WITH-
OUT LIMITATION, DAMAGES FOR LOSS OF BUSI-
NESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECU-
NIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE TIMETRAX BIO SOFTWARE
OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, EVEN IF PYRAMID TECHNOLO-
GIES, LLC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN ANY CASE, PYRAMID TECH-
NOLOGIES, LLC.'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO
THE AMOUNT YOU ACTUALLY PAID TO PYRAMID
TECHNOLOGIES, LLC. FOR THE TIMETRAX BIO
SOFTWARE OR SERVICE THAT DIRECTLY CAUSED
THE DAMAGE. BECAUSE SOME STATES AND JURIS-
DICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
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