1. Limited Warranty. Xavor warrants that for a period of ninety (90) days from the date of delivery of the Software to You that:
1.1 The original media which the Software is recorded on and the documentation provided with it are free from defects in material and workmanship under normal use. If there is a defect in any media or documentation, Xavor will replace the defective item without charge on an exchange basis.
1.2 The Software will be free of Material Defects provided that the software is properly configured, installed, and operated by the You. In the event of a Material Defect, Xavor will either replace or correct the defective Software without additional charge. Xavor may at its option fulfill this obligation by exchanging with you corrective code or a corrected copy of the Software. If for any reason Xavor is unable to cure such Material Defect after a reasonable effort, Xavor may, at its sole option, terminate this License and refund the License Fees actually paid by You for the defective component.
2. Remaining Warranty Period. Items replaced under warranty will be warranted for the remainder of the original warranty term or thirty (30) days, whichever is greater.
3. Exclusions. Xavor does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. The warranty does not cover any media or documentation which has been subjected to damage or abuse by you. The Software warranty does not cover any copy of the Software which has been altered or changed in any way by You except through the use of the tools provided by Xavor, used in accordance with the instructions in their documentation. Xavor is not responsible under this warranty for problems caused by changes in the operating characteristics of the computer hardware or operating systems which are made after the execution of this License or the delivery of the Software, whichever first occurs, nor for problems in the interaction of the Software with any other software unless it is provided or specified by Xavor.
4. No Implied Warranties. ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE MEDIA, THE DOCUMENTATION, OR THE XAVOR SOFTWARE INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
5. No Consequential Damages. XAVOR SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY EVEN IF XAVOR OR ITS AGENT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Your Obligations. In order to obtain warranty replacements for any defective Xavor Software or documentation, You must contact Xavor during the warranty period. You must be able to provide Xavor’s technical support representative with sufficient technical information about the nature of the apparent problem and the precise circumstances that give rise to the problem, to enable Xavor to reproduce the difficulty.
7. Sole Remedies. The warranties set forth above are in lieu of all other warranties, whether oral, written, express, or implied, and THE REMEDIES SET FORTH ABOVE ARE YOU’S SOLE AND EXCLUSIVE REMEDIES. Only an authorized officer of Xavor may make modifications to this warranty, or additional warranties binding on Xavor. Accordingly, additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by Xavor and should not be relied upon as such.
8. Limitation on Liability. In no event shall Xavor’s liability under this License exceed the License Fees paid by You hereunder. You agree and acknowledge that the License Fees paid to Xavor are based in part on the limited warranty and limitation of liability and remedy set forth herein.