|
ARTICLE 6-LIMITED WARRANTIES AND DISCLAIMERS
<br />6.1 Limited Warranties. Except as otherwise provided in this Article 6, Esri warrants that (i) the unmodified Software will
<br />substantially conform to the published Documentation and (ii) media on which the Software, Data, and Documentation are
<br />provided will be free from defects in materials and workmanship under normal use and service for a period of
<br />ninety (90) days from the date of receipt.
<br />6.2 Data and Web Services Disclaimer. Data and Web Services may contain some nonconformities, defects, errors, or
<br />omissions. THE DATA AND WEB SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
<br />Without limiting the generality of the preceding sentence, Esri and its licensors do not warrant that Data and Web Services
<br />will meet Licensee's needs or expectations, that the use of Data and Web Services will be uninterrupted, or that all
<br />nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on Data or Web Services, and
<br />Licensee should always verify actual Data or Web Services.
<br />6.3 Special Disclaimer. SAMPLES, HOT FIXES, PATCHES, EVALUATION SOFTWARE, AND BETA ARE
<br />DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSEE ASSUMES ALL RISK AS TO THE
<br />QUALITY AND PERFORMANCE OF THE SAMPLES, HOT FIXES, PATCHES, EVALUATION SOFTWARE, AND
<br />BETA.
<br />6.4 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A
<br />NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS NOT A SECURE
<br />INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (iii) NONE OF THE
<br />PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE
<br />DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE, REGULATION OF
<br />THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE WEB SERVICE.
<br />6.5 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL
<br />OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
<br />NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY
<br />RIGHTS. ESRI DOES NOT WARRANT AND DISCLAIMS THAT SOFTWARE, DATA, WEB SERVICES, OR
<br />DOCUMENTATION WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S OPERATION OF THE SAME WILL BE
<br />UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, OR FAIL SAFE; OR THAT ALL NONCONFORMITIES CAN
<br />OR WILL BE CORRECTED. SOFTWARE, DATA, WEB SERVICES, AND DOCUMENTATION ARE NOT
<br />DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY
<br />LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. ANY SUCH
<br />USE SHALL BE AT LICENSEE'S OWN RISK AND COST.
<br />6.6 Exclusive Remedy. Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in
<br />this Article 6 shall be limited, at Esri's sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a
<br />workaround for Software subject to the Esri Maintenance Program found at www.esri.com/legal/maintenance.html; or
<br />(iii) return of the license fees paid by Licensee for Software or Documentation that does not meet Esri's limited warranty,
<br />provided that Licensee uninstalls, removes, and destroys all copies of Software or Documentation and executes and delivers
<br />evidence of such actions to Esri or its authorized distributor.
<br />ARTICLE 7-LIMITATION OF LIABILITY
<br />7.1 Disclaimer of Certain Types of Liability. ESRI AND ITS LICENSORS SHALL NOT BE LIABLE TO LICENSEE
<br />FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS, LOST SALES, OR
<br />BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR
<br />ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO
<br />THIS LICENSE AGREEMENT OR USE OF SOFTWARE, DATA, WEB SERVICES, OR DOCUMENTATION,
<br />HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT ESRI OR ITS LICENSORS HAVE
<br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY
<br />NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
<br />E204 Page 4 of 7 04/22/2010
<br />25B-11
|