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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 A 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.