Insignia NS-DP3CH User Manual (English) - Page 8

Limited Warranty; Disclaimer, Limitation of Liability., ARISING OUT

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NS-DP3CH 3. Limited Warranty; Disclaimer 3.1 chumby warrants that (a) the Software (excluding the Adobe Software) will be capable of operating for a period of six (6) months from the date of purchase and (b) the Adobe Software will be capable of operating for a period of ninety (90) days from the date of purchase, each substantially in accordance with the end-user documentation for the Software published by chumby and delivered with the Product ("Documentation"), when used as specified by chumby in the Documentation. If Licensee's state or jurisdiction mandates a longer warranty for this Software, then Licensee has an implied warranty under the laws of that jurisdiction to that extent only chumby will, at its sole option and discretion, either make reasonable efforts to correct or provide you with a workaround for any substantial nonconformance of the Software with the Documentation. The foregoing is Licensee's sole and exclusive remedy for breach of any warranty on the Software. 3.2 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, ALL SOFTWARE IS PROVIDED "AS IS" AND TO THE FULLEST EXTENT PERMITTED BY LAW, CHUMBY AND ITS SUPPLIERS SPECIFICALLY AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO ANY BREACH OF THE FOREGOING WARRANTY. 4. Limitation of Liability. NEITHER CHUMBY NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE USE OF THE SOFTWARE, OR FOR THE LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR FOR OTHER COMMERCIAL OR ECONOMIC LOSS, HOWEVER CAUSED, AND WHETHER OR NOT CHUMBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHUMBY'S SUPPLIERS WILL HAVE NO LIABILITY TO LICENSEE WHATSOEVER. IN NO EVENT WILL CHUMBY'S TOTAL LIABILITY TO LICENSEE IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED LICENSEE'S PURCHASE PRICE OF THE PRODUCT. THE FOREGOING IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY AGAINST CHUMBY AND ITS SUPPLIERS FOR BREACH OF THIS AGREEMENT OTHER THAN BREACH OF WARRANTY. 8 www.insigniaproducts.com/chumby

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8
NS-DP3CH
www.insigniaproducts.com/chumby
3.
Limited Warranty; Disclaimer
3.1
chumby warrants that (a) the Software (excluding the Adobe
Software) will be capable of operating for a period of six (6) months
from the date of purchase and (b) the Adobe Software will be capable
of operating for a period of ninety (90) days from the date of
purchase, each substantially in accordance with the end-user
documentation for the Software published by chumby and delivered
with the Product (“Documentation”), when used as specified by
chumby in the Documentation. If Licensee's state or jurisdiction
mandates a longer warranty for this Software, then Licensee has an
implied warranty under the laws of that jurisdiction to that extent
only chumby will, at its sole option and discretion, either make
reasonable efforts to correct or provide you with a workaround for
any substantial nonconformance of the Software with the
Documentation. The foregoing is Licensee's sole and exclusive
remedy for breach of any warranty on the Software.
3.2
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3.1, ALL SOFTWARE
IS PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMITTED BY
LAW, CHUMBY AND ITS SUPPLIERS SPECIFICALLY AND EXPRESSLY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS AND ANY WARRANTY ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO ANY
BREACH OF THE FOREGOING WARRANTY.
4.
Limitation of Liability.
NEITHER CHUMBY NOR ITS SUPPLIERS
WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH,
ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE USE OF
THE SOFTWARE, OR FOR THE LOSS OF DATA, INFORMATION OF ANY
KIND, BUSINESS, PROFITS, OR FOR OTHER COMMERCIAL OR
ECONOMIC LOSS, HOWEVER CAUSED, AND WHETHER OR NOT
CHUMBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. CHUMBY'S SUPPLIERS WILL HAVE NO LIABILITY TO
LICENSEE WHATSOEVER. IN NO EVENT WILL CHUMBY'S TOTAL
LIABILITY TO LICENSEE IN CONNECTION WITH, ARISING OUT OF, OR
RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED
LICENSEE'S PURCHASE PRICE OF THE PRODUCT. THE FOREGOING IS
LICENSEE'S SOLE AND EXCLUSIVE REMEDY AGAINST CHUMBY AND
ITS SUPPLIERS FOR BREACH OF THIS AGREEMENT OTHER THAN
BREACH OF WARRANTY.