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6. Limited Warranty on Media.
OLIVETTI warrants the disks on which the Software is recorded to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced
by a copy of the receipt. The entire liability of OLIVETTI and/or its Licensors and your exclusive
remedy will be replacement of the disk which fails to meet the limited warranty provided by this Clause
6. A disk will be replaced when it is returned to OLIVETTI or a OLIVETTI authorized representative
with a copy of the receipt. OLIVETTI will have no responsibility to replace a disk damaged by accident,
abuse or misapplication.
ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The software and
related documentation are provided "AS IS" and without warranty of any kind and OLIVETTI and
OLIVETTI'S Licensor(s) (for the purpose of provisions 7 and 8, OLIVETTI and OLIVETTI'S
Licensor(s) shall be collectively referred to as "OLIVETTI") EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OLIVETTI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. FURTHERMORE, OLIVETTI DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY OLIVETTI OR A OLIVETTI AUTHORIZED REPRESENTATIVE SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT OLIVETTI OR A OLIVETTI
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL OLIVETTI BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
OLIVETTI OR AN OLIVETTI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall OLIVETTI'S total liability to you for all damages, losses, and causes of action (whether
in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
9. Controlling Law and Severability.
For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be governed
by and construed in accordance with the laws of the state of California and Washington, respectively. If for any
reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this License shall continue in full force and effect
.
10. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software and
related documentation, and supersedes all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. No amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized representative of OLIVETTI.