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7. Limited Warranty
EPSON warrants that the media on which the Software is recorded will be free from
defects in workmanship and materials for a period of 90 days from the date of payment
of license fee.
If the media and dated proof of purchase are returned to EPSON or the
dealer from which the media was obtained within 90 days of the date of payment of the
license fee, and if EPSON determines the media to be defective and provided the media
was not subject to misuse, abuse or use in defective equipment, EPSON will, at its
option, ( 1) replace the media, or (2) refund the license fee paid by you, upon your return
to EPSON of the Licensed Materials, including all copies of any portions thereof, and
dated proof of payment of the license fee.
ALL IMPLIED WARRANTIES
ON THIS
MEDIA, INCLUDING IMPLIED WARRANTIES
OF MERCHANTABILITY AND
FITNESS FOR A PARTICULARPURPOSE, ARE LIMITED TO THE DURATION
OF THE EXPRESS WARRANTY SET FORTH ABOVE.
IN NO EVENT WILL EPSON’S OR ANY OTHER PARTY WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE
LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY
TO USE THE LICENSED MATERIAL, EVEN IF EPSON OR SUCH OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN
NO EVENT SHALL EPSON’S OR SUCH OTHER PARTY’S LIABILITY FOR ANY
DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE
FEES PAID FOR THE LICENSED MATERIALS.
8. General
If any provision or portion of a provision of this Agreement is determined to be invalid
under any applicable law, shall be deemed omitted and the remaining provisions and
partial provisions of this Agreement shall continue in full force and effect.
Any notices
or other communications to be sent to EPSON must be mailed by certified mail to one
of the addresses on the last page of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof, and all prior agreements, representations, statements, and
undertakings are hereby expressly cancelled.