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Model Technology License Agreement
35
CUSTOMER REMEDIES. MTI’s entire liability and your exclusive remedy shall be, at MTI’s
option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that
does not meet MTI’s Limited Warranty and which is returned to MTI. This Limited Warranty
is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the original warranty period
or 30 days, whichever is longer.
NO OTHER WARRANTIES. MTI disclaims all other warranties, either express or implied,
including but not limited to implied warranties of merchantability and fitness for a particular
purpose, with respect to the SOFTWARE and the accompanying written materials. This
limited warranty gives you specific legal rights. You may have others, which vary from state
to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall MTI or its suppliers be
liable for any damages whatsoever (including, without limitation, damages for loss of
business profits, business interruption, loss of business information, or other pecuniary loss)
arising out of the use of or inability to use these MTI products, even if MTI has been advised
of the possibility of such damages. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above limitation may not
apply to you.