|
||||||||||||||
|
||||||||||||||
| Disclaimer |
||||||||||||||
|
Multiactive and Multiactive EC provide software, service and information on an as is, as available basis and do not warrant that they will be uninterrupted, error free or that defects will be found or corrected. MULTIACTIVE AND MULTIACTIVE EC EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED WITH RESPECT TO THE OPERATION OF THE SOFTWARE AND THE ORDER PROCESSING FUNCTION WHICH ARE NOT CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. WITHOUT LIMITATION, MULTIACTIVE AND MULTIACTIVE EC DO NOT REPRESENT OR WARRANT THAT:
This limited warranty gives you specific legal rights. You may have others, which vary according to local laws (e.g. by state or province). IN NO EVENT SHALL MULTIACTIVE, MULTIACTIVE EC OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, DEALERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUD- ING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMA- TION, OR OTHER PECUNIARY LOSS OR INDIRECT, SPECIAL, INCI- DENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE ORDER PROCESSING FUNCTION, EVEN IF MULTIACTIVE OR MULTIACTIVE EC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and/or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR DEMAND, INCLUDING BUT NOT LIM- ITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE ANY FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT, OR OF ANY REMEDY CONTAINED IN THIS AGREEMENT. Because some states and/or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. IF YOU LIVE IN A PROVINCE, STATE OR JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, MULTIACTIVE’S AND MULTIACTIVE EC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL MULTIACTIVE’S OR MULTIACTIVE EC’S LIABILITY TO YOU OR ANY OTHER PERSON IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE ORDER PROCESSING FUNCTION EXCEED ANY FEES PAID BY YOU TO MULTIACTIVE, MULTIACTIVE EC OR THEIR DEALERS OR SUP- PLIERS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER FORM OF CLAIM. |
||||||||||||||
| Copyright 1999 Multiactive Software Inc., All Rights Reserved | Legal Info - Disclaimer |