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5. LIMITED WARRANTY/REFUND/SUPPORT. VERIFONE warrants that the magnetic
media on which the Software is contained shall be free from defects in materials and
workmanship under normal use for a period of (60) days after the purchase date. If
you discover physical defects in the media on which the Software is distributed,
VERIFONE will replace the media within that warranty period. If You are not
completely satisfied with the Software, you may return it to the reseller or other place
of purchase ("Reseller") for a refund, provided that you do so within thirty (30) days of
installation and provided that in no event shall You return the Software later than one
(1) year after VERIFONE provided the Software to the Reseller. VERIFONE agrees to
provide you with free telephone support for a period of sixty (60) days from installation,
provided that in no event shall You be entitled to such support no later than one (1)
year after VERIFONE provided the Software to the Reseller. You agree that it is Your
responsibility to determine when VERIFONE provided the Software to the Reseller.
Telephone support shall occur during the hours of 9 a.m. to 8 p.m. Eastern Time,
Monday through Friday (excluding holidays) and is subject to change.
6. NO OTHER WARRANTIES. EXCEPT FOR THE WARRANTIES PROVIDED
HEREIN, THE SOFTWARE IS PROVIDED "AS IS" AND, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, VERIFONE DISCLAIMS ALL OTHER
WARRANTIES REGARDING THE SOFTWARE, EXPRESSED OR IMPLIED, AND
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. VERIFONE AND ALL PARTIES
INVOLVED IN THE CREATION OR DELIVERY OF THE SOFTWARE TO YOU
SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, AND CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR
SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF SOFTWARE AND
DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR
OTHERWISE, RELATING IN ANY MANNER TO THE SOFTWARE, EVEN IF
VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR
DAMAGE. IN ANY CASE, VERIFONE'S ENTIRE LIABILITY RELATING IN ANY
MANNER TO THE SOFTWARE, REGARDLESS OF THE FORM OR NATURE OF
THE CLAIM, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR
THE SOFTWARE. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY
VERIFONE'S DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL IN NO
WAY INCREASE THE SCOPE OF THIS WARRANTY. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
8. TERMINATION. Either party may terminate this Agreement at any time as a result of a
material breach by the other party by giving written notice of termination to the other
party. Unless otherwise agreed to by the parties in writing, upon the expiration or
termination of this Agreement, You shall immediately remove from your Computer all
copies of the Software.
9. EXPORT/LAWS. You shall fully comply with all laws and regulations of the United
States and other countries relating to the export, import and use of the Software. You
will defend, indemnify and hold harmless VERIFONE from and against any and all
claims, proceedings, losses, damages, liabilities, fines, penalties, costs, and fees
(including reasonable attorneys' fees) arising in connection with any violation of any
regulation of any United States or other governmental authority relating to the use of
the Software by You or your agents.
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