Installation Agreement
Installation Agreement
Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if
applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
9. TERMINATION. Without prejudice to any other rights, Ebanswers may terminate this EULA if you
fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of
the Software and all of its component parts.
10. LIMITED WARRANTY
Ebanswers warrants that the Software will perform substantially in accordance with the accompanying
materials for a period of ninety (90) days from the date of receipt.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot
fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any
warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by
Ebanswers, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO
CONSEQUENTIAL DAMAGES, if the Software does not meet Ebanswers's Limited Warranty, and, to the
maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights.
You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE
REMEDY. Ebanswers's and its suppliers' entire liability and your exclusive remedy for any breach of this
Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software
shall be, at Ebanswers's option from time to time exercised subject to applicable law, (a) return of the
amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this
Limited Warranty and that is returned to Ebanswers with a copy of your receipt. You will receive the
remedy elected by Ebanswers without charge, except that you are responsible for any expenses you may
incur (e.g. cost of shipping the Software to Ebanswers). This Limited Warranty is void if failure of the
Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement
Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever
is longer, and Ebanswers will use commercially reasonable efforts to provide your remedy within a
commercially reasonable time of your compliance with Ebanswers' warranty remedy procedures.
11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express
warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any)
created by any advertising, documentation, packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, Ebanswers and its suppliers provide the
Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other
warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability
or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of
viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide
support or other services, information, software, and related content through the Software or otherwise
arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE SOFTWARE.
12. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might
incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct
or general damages in contract or anything else), the entire liability of Ebanswers and any of its suppliers
under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair
or replacement elected by Ebanswers with respect to any breach of the Limited Warranty) shall be limited
to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount
actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers
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(including Sections 16, 17 and 18) shall apply to the maximum extent permitted by applicable law, even if
any remedy fails its essential purpose.
Should you have any questions concerning this EULA, or if you desire to contact Ebanswers for any
reason, please use the address information enclosed in this Software to contact the Ebanswers subsidiary
serving your country or visit Ebanswers on the World Wide Web at http://www.signagelink.com.