Limited
Warranty
The Manufacturer, Owner,
Reseller, Shipper or any of its suppliers, agents, partners or assigns
(collectively referred to as “Reseller”) licensing, selling or delivering
HeavyDutyTracker™ software and hardware (collectively called “Offering”)
warrants that commencing from the date of delivery to you, the Customer, and
continuing while Customer maintains a fully-paid Annual Service Agreement or for
a maximum of one year (365 days) for hardware: (a) Offering will be free of
defects in materials and workmanship under normal use; and (b) Offering
substantially conforms to its published specifications. The date of delivery of
the Offering is set forth on the information package in which the Offering is
shipped to Customer. Except for the foregoing, the Offering is provided AS IS.
This limited warranty extends only to the Customer who is the original licensee
or buyer. Customer's sole and exclusive remedy and the entire liability of the
Reseller under this limited warranty will be, at Reseller’s option, repair,
replacement, or refund of the Offering if the problem is asserted to the
Reseller within five (5) days of arising or be forever barred. In no event does
Reseller warrant that Offering is error free or that Customer will be able to
operate Offering without problems or interruptions. In addition, due to the
continual development of new techniques for intruding upon and attacking
hardware systems and software networks, Reseller does not warrant that Offering
or any equipment, system or network on which Offering is used will be free of
vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if Offering (a) has been altered, (b) has
not been operated, repaired, or maintained in accordance with supplied or posted
instructions, (c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, vandalism or accident; (d) is licensed, for beta,
evaluation, testing or demonstration purposes; or (e) the required Annual
Service Agreement has expired.
DISCLAIMER OF
WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW,
USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH
WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS
WARRANTY SET
DISCLAIMER OF
LIABILITIES. IN NO EVENT WILL RESELLER BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE
AND/OR HARDWARE EVEN IF RESELLER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NO INDEMNIFICATION OF ANY KIND IS PROVIDED BY
RESELLER OR ANY OF ITS SUPPLIERS, AGENTS, PARTNERS OR ASSIGNS TO CUSTOMER OR ANY
OTHER PERSON PURSUANT TO OR ARISING FROM THIS AGREEMENT. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL RESELLER OR ANY OF ITS SUPPLIERS, AGENTS,
PARTNERS OR ASSIGNS’ LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY CUSTOMER
HEREUNDER DURING THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING CUSTOMER'S
CLAIM FOR RECOVERY.
This Warranty shall be
governed by and construed in accordance with the laws of the State of