DISCLAIMER OF WARRANTY AND LIMITED
WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIAL, WHETHER
SENT YOU OR DOWNLOADED FROM OUR ON-LINE WEB SITE (INCLUDING
INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND.
FURTHER, MICROWAVE SOFTWARE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE
SOFTWARE
OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE
OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS
ARE
DEFECTIVE YOU, AND NOT MICROWAVE SOFTWARE OR ITS DEALERS, DISTRIBUTORS,
AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING,
REPAIR, OR CORRECTION.
Microwave Software's entire liability and your exclusive remedy is that
Microwave Software will resend
the SOFTWARE, via e-mail, if the first copy proves defective, for a
period of ninety (90) days from the
date of first delivery as evidenced by a copy of the receipt. Microwave
Software hereby limits the duration
of any implied warranty(ies) on the SOFTWARE to the period
stated above. Some states do not allow
limitations on duration of an implied warranty, so the above limitation
may not apply to you. If failure of the
SOFTWARE has resulted from accident, abuse, or misapplication,
Microwave Software shall have no
responsibility to replace the SOFTWARE. Any replacement SOFTWARE will
be warranted for
the remainder of the original warranty period or thirty (30) days,
whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY
MICROWAVE SOFTWARE ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY MICROWAVE SOFTWARE, ITS DEALERS, DISTRIBUTORS, AGENTS,
OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS
WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH
VARY FROM STATE TO STATE.
NEITHER MICROWAVE SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN
THE CREATION, PRODUCTION, SALE, OR DELIVERY OF THIS PRODUCT SHALL BE
LIABLE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING
DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO
USE SUCH
PRODUCT EVEN IF MICROWAVE SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY
OF
SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION
MAY NOT APPLY TO YOU.
This disclaimer of Warranty and Limited Warranty is governed by the
laws of the State of California, and the United States of America.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation is provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions
as set forth in subdivision
(b)(3)(ii) of The Rights in Technical Data and Computer Software clause
at 252.227-7013.
Contractor/manufacturer is Microwave Software, San Clemente, CA 92673.
USA
All sales are final. We allow no refund or exchange on software downloaded from our web site.
Should you have any questions concerning this Agreement, or if you
desire to contact Microwave
Software for any reason, please e-mail: support@microwavesoftware.com