Disclaimer Of Warranties.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SOFTWARE AND SERVICES ARE
PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, RJEN, ITS AFFILIATES, LICENSORS, PARTICIPATING
FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS,
RETAILERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY,
“SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR
STATUTORY REGARDING THE SOFTWARE, SERVICES, AND RELATED
MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. RJEN DOES
NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM
BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF
PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER,
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
RIGHTS THAT VARY FROM STATE TO STATE.
ALL WARRANTIES OR GUARANTEES GIVEN OR MADE BY RJEN WITH RESPECT TO THE
SOFTWARE OR RJEN SERVICES (1) ARE SOLELY FOR THE BENEFIT OF YOU AS THE
REGISTERED USER OF THE SOFTWARE AND ARE NOT TRANSFERABLE, AND (2) SHALL
BE NULL AND VOID IF YOU BREACH ANY TERM OR CONDITION OF THIS END USER
LICENSE.
LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE THAT IN NO EVENT WILL
RJEN BE LIABLE FOR ANY LOSS, COST, LIABLITY OR DAMAGE INCURRED AS A
RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES AND
FOR YOUR FAILURE TO UPDATE THE SOFTWARE. ADDITIONALLY, THE ENTIRE
CUMULATIVE LIABILITY OF RJEN AND ITS SUPPLIERS FOR ANY REASON ARISING
FROM OR RELATING TO THIS END USER LICENSE SHALL BE LIMITED TO THE
AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO RJEN
OR ITS AUTHORIZED RESELLER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RJEN AND ITS
SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS
OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF
DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE
SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET RJENS
SYSTEMS REQUREMENTS, OR THE LIKE, WHETHER BASED IN BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR
OTHERWISE, EVEN IF RJEN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES RJEN ASSUME ANY
LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR
INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN RJEN AND YOU. RJEN WOULD NOT BE ABLE TO HAVE
PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS. |
