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ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that
use of the Software is at your sole risk. The software and related documentation are
provided "AS IS" and without warranty of any kind and SHARP and SHARP'S Licensor(s)
(for the purpose of provisions 7 and 8, SHARP and SHARP'S Licensor(s) shall be
collectively referred to as "SHARP") EXPRESSLY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SHARP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SHARP
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
SHARP OR A SHARP AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SHARP OR A
SHARP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE,
SHALL SHARP BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE
OR RELATED DOCUMENTATION, EVEN IF SHARP OR A SHARP AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall SHARP'S total liability to you for all damages, losses, and causes of
action (whether in contract, tort (including negligence) or otherwise) exceed the amount
paid by you for the Software.
9. Controlling Law and Severability.
For a portion of the Software related with Apple
Macintosh and Microsoft Windows, this license shall be governed by and construed in
accordance with the laws of the state of California and Washington, respectively. If for
any reason a court of competent jurisdiction finds any provision of this License, or portion
thereof, to be unenforceable, that provision of the License shall be enforced to the
maximum extent permissible so as to effect the intent of the parties, and the remainder of
this License shall continue in full force and effect.
10. Complete Agreement.
This License constitutes the entire agreement between the
parties with respect to the use of the Software and related documentation, and
supersedes all prior or contemporaneous understandings or agreements, written or oral,
regarding such subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by a duly authorized representative of SHARP.