Warranty Guidelines

NOTICE TO USERS

If this license is present when purchasing our software and you reside within the United States then FullForce Applications grants you permission to use the software. You may use the software only in accordance with the terms set forth in this notice, the electronic end-user license agreement included within the software and in any other written agreement between you and FullForce, for example a volume license.

 

LIMITED WARRANTY AND DISCLAIMER

THE SOFTWARE IS PROVIDED TO YOU UNDER THE 30 DAY LIMITED MANUFACTURERS WARRANTY EXPRESSLY SET FORTH IN THE END-USER LICENSE AGREEMENT INCLUDED WITHIN THE SOFTWARE OR IN ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND FULLFORCE APPLICATIONS. THE LIMITED WARRENY IS ONLY VALID IF FULLFORCE DEEMS THE PRODUCT TO BE PHYSICALLY DEFECTIVE AND NOT DAMAGED BY THE END USER. FULLFORCE HAS THE RIGHT TO REFUSE THE LIMITED WARRANTY. THE LIMITED WARRANTY IS THE SOLE WARRANTY RESPECTING THE SOFTWARE AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. EXCEPT FOR THE LIMITED WARRANTY AND ANY CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDITION, FULLFORCE AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES AND ONLINE SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY

EXCEPT FOR ANY REMEDY SET FORTH IN THE LIMITED WARRANTY, IN NO EVENT WILL FULLFORCE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A FULLFORCE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. EXCEPT FOR A REMEDY SET FORTH IN THE LIMITED WARRANTY, THE AGGREGATE LIABILITY OF FULLFORCE AND ITS AFFILIATES AND SUPPLIERS IN CONNECTION WITH THE SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH. Nothing contained in this notice limits FullForce ’s liability to you in the event of death or personal injury resulting from FullForce ’s negligence or for the tort of deceit (fraud). FullForce is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND LIMITATIONS ON LIABILITY, SO THE ABOVE TERMS MAY NOT APPLY TO YOU. YOU MAY HAVE LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

This page was last updated June 26, 2008.