ScoreSight Business Suite
ScoreSight warrants that it has title to and/or the authority to grant licenses of the Software. ScoreSight warrants for a period of thirty (30) days from shipment of the Software that the Software, unless modified by Licensee, will perform, in all material aspects, the functions described in the Documentation when operated on a supported platform. ScoreSight does not warrant that the Software will operate in the combinations which Licensee may select for use, or that the operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. Any claim submitted under this Section 1 must be submitted in writing to ScoreSight within the specified warranty period. ScoreSight's sole and exclusive obligation for warranty claims shall be to make the Software operate as warranted or, if ScoreSight is unable to do so, to terminate the license for such Software and return the applicable license fees paid to ScoreSight for the applicable Software.
ScoreSight reserves the right to charge Licensee for services performed by ScoreSight in connection with reported failures which, as reasonably determined by the parties, are later determined to be caused by operator error, untrained users, equipment, malfunction, software not supplied by ScoreSight or by alterations or additions to the Software by persons other than ScoreSight employees or consultants.
Limitation of Liability.
SCORESIGHT'S LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY LICENSEE TO SCORESIGHT FOR THE SOFTWARE OR THE SERVICES AS TO WHICH THE CLAIM AROSE. IN NO EVENT SHALL SCORESIGHT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SCORESIGHT LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER BASED IN CONTRACT, TORT, OR ANY LEGAL THEORY. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK, WHICH IS SET FORTH IN THIS SECTION.
ScoreSight © 2008 | PLEASE READ OUR WARRANTY
ScoreSight © 2008 | PLEASE READ OUR WARRANTY
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