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Limited Warranty
Owl Database
Applications warrants that the Software will perform substantially in accordance
with the accompanying materials for a period of ninety (90) days from the date
of receipt.
Limitation on Remedies; No Consequential or Other Damages
Your exclusive remedy
for any breach of this Limited Warranty is as set forth below. Except for any
refund elected by Owl Database Applications,
you are not entitled to any
damages, including but not limited to consequential damages.
Your Exclusive Remedy
Owl Database
Applications entire liability and your exclusive remedy for any breach of this
Limited Warranty shall be,
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return of the amount paid for the, or
-
repair or replacement of the Software that does not meet this
Limited Warranty. This Limited Warranty is void if failure of the Software
has resulted from accident, abuse, misapplication, abnormal use or a virus.
Any replacement Software will be warranted for the remainder of the original
warranty period of ninety (90) days.
Disclaimer of Warranties
The Limited Warranty
that appears above is the only expressed warranty made to you and is provided in
lieu of any other expressed warranties or similar obligations created by any
advertising, documentation, packaging, or other communications. Except for the
Limited Warranty and to the maximum extent permitted by applicable law, Owl
Database Applications provides the Software and support services
As Is and with All Faults,
and hereby disclaim all other warranties and conditions, whether express,
implied or statutory, including, but not limited to, any implied warranties,
duties or conditions of merchantability, of fitness for a particular purpose, of
reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence,
all with regard to the Software, and the provision of or failure to provide
support or other services, information, software, and related content through
the Software or otherwise arising out of the use of the Software
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent
permitted by applicable law, in no event shall Owl Database Applications be
liable for any special, incidental, punitive, indirect or consequential damages
whatsoever (including, but not limited to, damages for loss of profits or
confidentiality or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty of good faith or of
reasonable care, for negligence, and for any other pecuniary or other loss
whatsoever arising out of or in any way related to the use or inability to use
the software, the provision of or failure to provide support or other services,
information, software, and related content through the software, or otherwise
under or in connection with any provision of the 'End User License Agreement' (EULA),
even if Owl Database Applications has been advised of the possibility of such
damages).
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