User's Manual

288
CUSTOMER REMEDIES
. BTE Medical Inc.’s and its suppliers’ entire liability and your exclusive remedy
shall be, at BTE Medical Inc.’s option, either (a) return of the price paid, if any, or (b) repair or
replacement of the SOFTWARE PRODUCT that does not meet BTE Medical Inc.’s Limited Warranty and
which is returned to BTE Medical Inc. with a copy of your receipt. This Limited Warranty is void if failure of
the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States, neither these remedies nor any product support
services offered by BTE Medical Inc. are available without proof of purchase from an authorized
international source.
NO OTHER WARRANTIES
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTE
MEDICAL INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT,
WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL BTE MEDICAL INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF BTE MEDICAL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, BTE MEDICAL INC.’S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR
THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A
BTE MEDICAL INC. SUPPORT SERVICES AGREEMENT, BTE MEDICAL INC.’S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY.