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iv
of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is
PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.
6. LIMITED WARRANTY. (a) PowerQuest warrants to you, the original end user, (i) that the Software, other than third-party
software, will perform substantially in accordance with the accompanying documentation and (ii) that the Software is properly
recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. PowerQuest does not
warrant any third-party software that is provided with the Software, but PowerQuest agrees to pass on to you any warranties of the
owner or licensor to the extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any Software that
has been altered, damaged, abused, mis-applied, or used other than in accordance with this license and any instructions included on
the Software and the accompanying documentation. (c) PowerQuest's entire liability and your exclusive remedy under this Limited
Warranty shall be the repair or replacement of any Software that fails to conform to this Limited Warranty or, at PowerQuest's
option, return of the price paid for the Software. PowerQuest shall have no liability under this Limited Warranty unless the
Software is returned to PowerQuest or its authorized representative, with a copy of your receipt, within the warranty period. Any
replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. (d) THIS
WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF
TRADE OR COURSE OF DEALING. (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE
OTHERS WHICH VARY FROM STATE TO STATE. (f) Your failure to return the enclosed registration card or complete the
electronic registration included with the Software may result in PowerQuest's inability to provide you with updates to the Software,
and you assume the entire risk of performance and result in such an event.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL POWERQUEST'S LIABILITY RELATED TO ANY OF THE
SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN
OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY,
NEITHER POWERQUEST NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES
WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER
LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
8. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is
not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still
enforce some or all of the agreement in other situations.
9. This License Agreement constitutes the entire agreement between you and PowerQuest pertaining to its subject matter. This
License Agreement is governed by the laws of the State of Utah. Any litigation arising from this license will be pursued only in the
state or federal courts located in the State of Utah. Even if part of the agreement is held invalid, the rest of the agreement is still
valid, binding and enforceable.
Should you have any questions concerning this Agreement, or if you desire to contact PowerQuest Corporation for any reason,
please write: PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.
© 1994-2001 PowerQuest Corporation. All rights reserved. The Software may be protected by U.S. patents, with other patents
pending in the U.S.A. and elsewhere. PowerQuest is a registered trademark of PowerQuest Corporation.
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