User`s manual
BERKELEY SOFTWORKS, INC.'S
entire liability and your exclusive
remedy as to software performance and the diskettes (which is subject to
your returning the diskettes
to
BERKELEY SOFTWORKS, INC.
or an
authorized dealer with
a
copy of your receipt) will
be
the replacement of the
diskettes or,
if
BERKELEY SOFTWORKS, INC.
or the dealer is unable to
deliver
a
replacement diskette, the refund of the purchase price and termina-
tior! of this agreement.
THE
DURATION OF ANY IMPLIED WARRAN-
TIES ON
THE
DISKE'ITES, INCLUDING THE IMPLIED WARRAN-
TIES OF
MERCHANTABILITY
AND
FITNESS FOR A PARTICULAR
PURPOSE, IS LIMITED TO
THE
SAME
NINETY
(90)
DAY PERIOD
AS THE FOREGOING EXPRESS WARRANTY.
THE
PROGRAM
AND
ACCOMPANYING MATERIALS ARE PRO-
VIDED WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, OR STATUTORY, INCLUDING
(BUT
NOT LIMITED
TO)
THE
IMPLIED WARRANTIES OF MERCHANTABII,ITY
AND
FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW
THE
EXCLUSION OF IMPLIED
WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU. THIS
WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
Limitation of Liability
IN NO EVENT WILL BERKELEY SOFTWORKS, INC. BE LIABLE
FOR
ANY
DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS,
COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSE-
QUENTIAL OR INDIRECT DAMAGES ARISING FROM
THE
USE OF
THE
PROGRAM OR ACCOMPANYING MATERIALS, HOWEVER
CAUSED
AND
ON ANY THEORY OF LIABILITY. THIS LIMITA-
TION WILL APPLY EVEN
IF
BERKELEY SOFTWORKS, INC. OR AN
AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT
THE
LICENSE
FEE REFLECTS THIS ALLOCATION OF RISK. SOME STATES DO
NOT ALLOW
THE
LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION
MAY
NOT APPLY TO YOU.