GREAT PLANES RealFlight 7 User Manual page 381

Software. You may not copy the written materials accompanying the Software. The
same restrictions and prohibitions regarding your use of the Software as provided in
this Agreement apply to your use of the written materials accompanying the Software.
The written materials are owned by KES and are protected by United States copyright
laws and international treaties. You agree to use your best efforts to see that any user
of the Software licensed hereunder complies with this Agreement.
8. Limited Warranty. KES warrants that if properly installed and operated on a
computer for which it is designed, the Software will perform substantially in
accordance with the accompanying written materials for a period of ninety (90) days
from the date of purchase of the Software. KES's entire liability and your exclusive
remedy shall be, at KES's option, either (a) return of the price paid or (b) repair or
replacement of the Software that does not meet KES's Limited Warranty. To make a
warranty claim, return the Software to Hobby Services at 3002 North Apollo Drive,
Suite #1, Champaign, IL 61822 accompanied by proof of purchase, your name, your
address, and a statement of defect. This Limited Warranty is void if failure of the
Software has resulted in whole or in part from accident, abuse, misapplication or
violation of this Agreement. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days from your receipt of the
replacement software, whichever is longer. This warranty allocates risks of product
failure between Licensee and KES. KES's product pricing reflects this allocation of
risk and the limitations of liability contained in this warranty.
9. NO OTHER WARRANTIES. KES DISCLAIMS ALL OTHER
WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY
HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. KES DOES NOT WARRANT THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET
LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH
ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER
ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND
DEALERS OF KES ARE NOT AUTHORIZED TO MAKE MODIFICATIONS
TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF
KES. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR
PRESENTATIONS,
CONSTITUTE WARRANTIES BY KES AND SHOULD NOT BE RELIED
UPON.
10. Exclusive Remedies. You agree that your exclusive remedy against KES, its
affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or
failure in the Software regardless of the form of action, whether in contract, tort,
WHETHER ORAL
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OR WRITTEN, DO NOT