ATIACHMAlE
HARDWARE WARRANTY AGREEMENT
1.
HARDWARE AND SOFTWARE: This Package ofHardware sold
to
you and
Softwarelicensed to you is distributed
to
you underthetenns and conditions
of
this
Agreement. The Hardware, Software and Documentation involve valuable patent,
copyright, trade secret, trademaIk, mask woIk, and other l'roprietary rights. The Software
'''Ind Documentation are copyrighted, and ownership and title are retained by Attachmate.
J
ou
may
not
reverse engineer, decompile orcreate any derivative work based on the
Hardware orSoftware.
2.
UMITED
WARRANTY: Attachmate warrants for a period
of
one yearfrom the date
of
delivery by Attachmate that (a) the Hardware will
be
free from defects in materials and
woIkmanship and (b) Hardware
or
Software willperform substantially in accordance
with the specifications published
by
Attachmate. Defective Hardware
or
Software under
this warranty will be modified
or
replaced when returned
to
Attachmate with a copy
of
yourpaid invoice unless the failure was a result
of
misapplication, abuse oraccident.
A
TI
ACHMA
TE'S
UABllJTY
(WHETHER
IN
TORT,
CONIRACT
OR
OTHERWISE) WILL
IN
NO
EVENT EXCEED THE PURCHASE PRICE OF THE
HARDWARE OR SOFTWARE.
EXCEPT AS DESCRIBED ABOVE, THE SOFTWAREIS PROVIDED "AS IS"
WITHOUTWARRAN1Y
OF
ANY KIND, EITHER EXPRESSED
OR
IMPLIED,
INCLUDING, BUT NOT
UMITED
TO, THE IMPLIED WARRANTIES
OF
MERCHANTABllJTY
AND FTINESS FOR A PARTICULARPURPOSE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
IS ASSUMED BYYOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU
(AND NOT A
TIACHMA
TE
OR
ITS DEALERS) ASSUME THE ENTIRE COST
OF
ALLNECESSARY SERVICING,REPAIR
OR
CORRECTION. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY
ALSO HAVE OTHER
RIGHTS WHICH VARY FROMSTATE TO STATE. NEITHER ATIACHMATE
NOR
ANYONE ELSE WHO HAS BEENINVOLVED
IN
THE CREATION,
~RODUCTION
OR
DEliVERY
OF THIS PRODUCT SHALL BE
UABLE
FOR
ANY
,uIRECT,
INDIRECT, CONSEQUENTIAL
OR
INCIDENTAL DAMAGES ARISING
OUT
OF
THE USE
OR
INABllJTY
TO USE THE SOFTWARE EVENIF
ATIACHMATE
HAS BEENADVISED OF THE
POSSmIUTY
OF
SUCH
DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION
OF
UMIT
ATION
OF
UABllJTY
FOR CONSEQUENTIAL ORINCIDENTAL
DAMAGES
SO
THE ABOVELIMlTATION
MAY
NOT APPLY TO YOU.
3. GENERAL: This Agreement shall
be
governed bythe laws
of
the State
of
Washington and shall inure
to
the
benefit
of
Attachmate Corporation, its successors and
assigns.
If
you have any questions concerning this Agreement, please contact in writing
Attachmate Corporation, Customer Service, 3241 -118th SE, Bellevue, Washington
98005.
