Document no. G1050r04 Copyright Neoptix Canada LP 6
Limited Warranty. Qualitrol Systems, Inc. or the Qualitrol Systems, Inc. subsidiary licensing the Software, if
sale is not directly by Qualitrol Systems, Inc. (“Qualitrol”) warrants that commencing from the date of delivery
to Customer and continuing for a period of the longer of (a) ninety (90) days or (b) the period set forth in the
Warranty Card accompanying the Product (if any): (a) the media on which the Software is furnished will be
free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms
to its published specifications. The date of shipment of a Product by Qualitrol is set forth on the packaging
material in which the Product is shipped. Except for the foregoing, the Software is provided “AS IS”. This
limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive
remedy and the entire liability of Qualitrol and its suppliers under this limited warranty will be, at Qualitrol or its
service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned)
to the party supplying the Software to Customer, if different than Qualitrol. In no event does Qualitrol warrant
that the Software is error free or that Customer will be able to operate the Software without problems or
interruptions. In addition, due to the continual development of new techniques for intruding upon and
attacking networks, Qualitrol does not warrant that the Software or any equipment, system or network on
which the Software is used will be free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Product (a) has been altered, except by Qualitrol, (b) has not
been installed, operated, repaired, or maintained in accordance with instructions supplied by Qualitrol, (c) has
been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed,
for beta, evaluation, testing or demonstration purposes for which Qualitrol does not receive a payment of
purchase price or license fee.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF
DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT
ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential
purpose.
Disclaimer of Liabilities. IN NO EVENT WILL QUALITROL OR ITS SUPPLIERS 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 SOFTWARE EVEN IF QUALITROL OR ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Qualitrol’s or its suppliers’ 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.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
