
Software Limited
Warranty
Doble warrants that: (i) for a period of one hundred twenty (120) days
from the date of shipment from Doble, the media on which the Software
is furnished will be free of defects in materials and workmanship under
normal use; and (ii) for a period of one year from the date of shipment
from Doble, the Software will perform in substantial conformance to its
published specifications. This limited warranty extends only to Customer
as the original licensee. Customer’s exclusive remedy and Doble’s entire
liability under this limited warranty will be, at Doble’s option, to repair or
replace the Software, or to refund a pro rata portion of the purchase
price. Doble makes no warranty or representation that its software
products will meet Customer’s requirements, that the operation of the
software products will be uninterrupted or error free, or that all defects in
the software products will be corrected.
This warranty does not apply if the software (a) has been altered, except
by Doble, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Doble, (c) has been subjected
to abnormal physical or electrical stress, misuse, negligence, or accident,
or (d) is used in ultrahazardous activities.
Disclaimer THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE
AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR
CONDITIONS, EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE
BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY
COURSE OF DEALING, INCLUDING WARRANTIES, TERMS, OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED.
IN NO EVENT WILL DOBLE 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 THE SOFTWARE EVEN IF DOBLE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
shall Doble’s liability to Customer, whether in contract, tort (including
negligence), or otherwise, exceed the price paid by Customer. The
foregoing limitations shall apply even if the above-stated warranty fails of
its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY OR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.