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Scali MPI Connect Release 4.4 - Users Guide vii
Nothing in this CERTIFICATE shall be construed as;
- a warranty or representation by SCALI as to that anything made, used, sold or
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free from infringement of patents, copyrights, TRADEMARKS, industrial design
or other INTELLECTUAL PROPERTY RIGHTS ; or
- an obligation by SCALI to bring or prosecute or defend actions or suits against
third parties for infringement of patents, copyrights, trade-marks, industrial
designs or other INTELLECTUAL PROPERTY or contractual rights.
Licensee’s Exclusive Remedy
In the event of any breach or threatened breach of this CERTIFICATE, hereunder the foregoing
representation and warranty, the LICENSEE’s sole remedy shall be to require SCALI and its
SCALI REPRESENTATIVE's to either;
- procure, at SCALI’s expense the right to use the SCALI SOFTWARE; or
- replace the SCALI SOFTWARE or any part thereof that is in breach and replace it with
software of comparable functionality that does not cause any breach; or
- refund to the LICENSEE the full amount of the total purchase price paid by the LICENSEE
for this CERTIFICATE upon the return of the SCALI SOFTWARE and all copies thereof to
SCALI, deducted with the amount equivalent to the license and other services rendered
until the matter causing the remedy in question occurred.
THE LICENSEE will receive the remedy elected by SCALI without charge, except that The
LICENSEE is responsible for any expenses the LICENSEE may incur (e.g. cost of shipping the
SCALI SOFTWARE to SCALI). Any commitment or obligation of SCALI to remedy LICENSEE in
accordance with this CERTIFICATE is void if failure of the SCALI SOFTWARE or other breach of
the CERTIFICATE has resulted from accident, abuse, misapplication, abnormal use or a virus.
Any replacement SCALI SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any
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purchase directly from SCALI or through a SCALI REPRESENTATIVE. To exercise the
LICENSEE’s remedy, contact: SCALI as set out in ULR address
WWW.scali.com or the SCALI
REPRESENTATIVE serving the LICENSEE’s district.
Limitation on Remedies and Liabilities
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forth above. Except for any refund elected by SCALI, the LICENSEE is not entitled to any
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the maximum extent allowed by applicable law, even if any remedy fails of its essential
purpose.
To the maximum event permitted by applicable law, in no event shall SCALI or SCALI
REPRESENTATIVES be liable for any special, incidental, indirect or consequential damages
whatsoever (including, but not limited to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss of privacy, for failure to
meet any duty including 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 of or
inability to use the SCALI SOFTWARE, the provision of or failure to provide maintenance and
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even in the event of the fault, tort (including negligence), strict liability, breach of contract or
breach of warranty of SCALI or a SCALI REPRESENTATIVE, and even if SCALI or a SCALI
REPRESENTATIVE has been advised of the possibility of such damages.