|
ARTICLE 6—LIMITED WARRANTIES AND DISCLAIMERS
<br />6.1 Limited Warranties. Except as otherwise provided in this Article 6, Aztecs. Systems warrants for a period of
<br />ninety (90) days from the date Aztecs Systems issues the Authorization Code enabling use of Software and that the
<br />unmodified Software will substantially conform to the published Documentation under normal use and service,
<br />6.2 Special Disclaimer. CONTENT, DATA, SAMPLES, NEW VERSIONS, HOT FIXES, PATCHES, SERVICE
<br />PACKS, UPDATES, UPGRADES, AND ONLINE SERVICES PROVIDED ON A NO -FEE BASIS, AND
<br />EVALUATION, TEST AND BETA SOFTWARE ARE DELIVERED "AS 19" WITHOUT WARRANTY OF ANY
<br />KIND,
<br />6.3 Internet Disclaimer, THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
<br />INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT (i) THE INTERNET IS
<br />NOT ASECURE INFRASTRUCTURE, (ii) THE PARTIES HAVE NOCONTROL OVER THE INTERNET,
<br />AND (iii) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW
<br />RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE
<br />INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT' RESTRICT OR PROHIBIT THE
<br />OPERATION OF ONLINE SERVICES.
<br />6.4 General Disclaimer, EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, AZTECA
<br />SYSTEMS DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER
<br />EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND
<br />NON -INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AZTECA SYSTEMS DOES NOT
<br />WARRANT THAT PRODUCTS, MAINTENANCE OR ANY TECHNICAL SUPPORT SERVICES PROVIDED
<br />HEREIN 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
<br />NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED,
<br />MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD
<br />TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE, LICENSEE
<br />SHOULD NOT FOLLOW ANY SUGGESTIONS OR INSTRUCTIONS THAT APPEAR TO BE HAZARDOUS,
<br />UNSAFE, OR ILLEGAL. ANY SUCH USE SHALL BE AT LICENISEF'S OWN RISK AND COST.
<br />6.5 Exclusive Remedy. Licensee's exclusive remedy and Aztecs Systems' entire liability for breach of the limited
<br />warranties set forth in this Article 6 shall be limited, at Aztecs Systems' sole discretion, to (i) replacement of any
<br />defective media; (ii) repair, correction, or a workaround for Software or Online Services subject to the Azteca
<br />SystemsMalmenanee Services and Support Addendum, or (iii) return of the license fees paid by Licensee for the
<br />current period, prorated for the current period, for Software or Online Services that do not meet Aztecs Systems limited
<br />warranty, provided that Licensee uninstalls, removes, and destroys all copies of Software or Documentation; ceases
<br />using die Software or Online Services; and executes and delivers evidence of such actions to Azteca Systems,
<br />6,6 If the performance of any obligation under this Agreement is prevented., restricted, or interfered with by reason
<br />of fire, flood, earthquake, explosion, or othe' casualty or accident; strikes or labor disputes; inability to procure
<br />delivery of parts, supplies, services, or power; war, threat of actual terrorist act, cyberanack, or other violence; any
<br />law order, proclamation, regulation, ordinance, or demand; or any conditionwhatsoever beyond the reasonable
<br />control of the affected party, the party so affected, upon giving prompt notice to the other party, will be provided a
<br />temporary extension for a period of time as may be reasonably necessary to allow for such delay, prevention
<br />interference, or restriction.
<br />ARTICLE 7—LIMITATION OF LIABILITY
<br />7.1 Disclaimer of Certain Types of Liability. AZTECA SYSTEMS, ITS AUTHORIZED DISTRIBUTOR (IF
<br />ANY), AND ITS LICENSORS SHALL, NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF
<br />SUBSTITUTE GOODS OR. SERVICES; LOST PROFITS, LOS`r SALES, OR BUSINESS EXPENDITURES;
<br />INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL,
<br />Standard License c@A9nlnlairance Agreetnverl Page 5 of 14 10116 ed.
<br />
|