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Software Warranty
Portsmith LLC warrants the media (the diskettes) on which the software is
furnished to be free of defects in materials and workmanship under normal use
for a period of ninety (90) days from the date of shipment.
This warranty applies only to software products. The warranty for hardware
products is described elsewhere.
Portsmith LLC does not warrant that the operation of the program will meet your
requirements or be error free. The program is provided “AS IS” without warranty
of any kind. The entire risk as to the quality and performance of the program is
with the purchaser. If the program proves defective or inadequate, purchaser
assumes the entire cost of servicing or repair.
Portsmith LLC makes no other warranty, either expressed or implied, with
respect to this product. Portsmith LLC specifically disclaims the implied
warranties of merchantability and fitness for a particular purpose.
Some states or provinces do not allow limitations on how long an implied
warranty lasts, so the above limitation or exclusion may not apply to you.
However, any implied warranty of merchantability or fitness is limited to the
ninety(90)daydurationofthiswrittenwarranty.
Purchaser's exclusive remedy shall be the replacement of defective media which
is returned to Portsmith LLC. If Portsmith LLC is unable to replace the media
within a reasonable amount of time, the purchaser may terminate this agreement
by returning the program and all copies, documentation and proof of purchase for
a refund of the purchase price.
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND
EXCLUSIVE REMEDIES. IN NO EVENT SHALL PORTSMITH LLC BE
LIABLE FOR ANY LOST PROFITS, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.