gives you specific legal rights, and you may also have other rights which vary under local laws.
6. Remedies. Motion Lingo’s entire liability and your exclusive remedy for any breach of warranty shall be, at Motion Lingo’s
option, to: (a) repair or replace the Software or media, provided that the Software or media is returned to the point of purchase
or such other place as Motion Lingo may direct, with a copy of the sales receipt,or (b) refund the price paid. Any replacement
Software or media will be warranted for the remainder of the original warranty period or thirty (30) days,whichever is longer.
These remedies are void if failure of the Software or media has resulted from accident, abuse, or misapplication.
7. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER
WARRANTIES. MOTION LINGO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES
OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO MOTION LINGO DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some
jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL MOTION LINGO OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF
PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY
OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE
OF, USE OF, OR INABILITY TO USE ANY MOTION LINGO PRODUCT OR SERVICE, EVEN IF MOTION LINGO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL MOTION LINGO’S AND ITS SUPPLIERS’ TOTAL
LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE MOTION LINGO PRODUCT OR SERVICE GIVING RISE TO THE
LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent
that applicable law requires such liability.
9. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in
this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT
1988) FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Motion Lingo Inc. 9330 S. Priest
Drive, Tempe AZ 85284
10. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Motion
Lingo will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United
States. If you have rightfully obtained the Software outside of the United States, you agree that you will not re-export the Software
nor any other technical data received from Motion Lingo, except as permitted by the laws and regulations of the United States and
the laws and regulations of the jurisdiction in which you obtained the Software.
11. Agents and Third Party Purchasers. If you are acquiring the Software on behalf of another person or entity, you represent and
warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions
of this Agreement.
12. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the United
States and the State of Arizona, without regard to or application of its choice of law rules or principles. If for any reason a court
of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the
Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this
Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect
to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or
oral, regarding such subject matter. Motion Lingo may, in its sole discretion, modify portions of this Agreement at any time. Motion
Lingo may notify you of any changes by posting notice of such modifications on Motion Lingo’s web site(s) or sending notice via e-
mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be
your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately
stop using the Software and destroy all copies of the Software in your possession or control.
The Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the
Software is subject to civil and criminal penalties.
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