98
6. Limited Warranty on Media.
SHARP warrants the disks on which the Software is recorded to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced
by a copy of the receipt. The entire liability of SHARP and/or its Licensors and your exclusive remedy
will be replacement of the disk which fails to meet the limited warranty provided by this Clause 6. A disk
will be replaced when it is returned to SHARP or a SHARP authorized representative with a copy of the
receipt. SHARP will have no responsibility to replace a disk damaged by accident, abuse or
misapplication.
ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
7. Disclaimer of Warranty on Software.
You expressly acknowledge and agree that use of the Software is at your sole risk. The software and
related documentation are provided "AS IS" and without warranty of any kind and SHARP and SHARP'S
Licensor(s) (for the purpose of provisions 7 and 8, SHARP and SHARP'S Licensor(s) shall be
collectively referred to as "SHARP") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHARP DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. FURTHERMORE, SHARP DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY SHARP OR A SHARP AUTHORIZED REPRESENTATIVE SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SHARP OR A SHARP AUTHORIZED
REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SHARP BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF
SHARP OR A SHARP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In no event shall SHARP'S total liability to you for all damages, losses, and causes of action (whether in
contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
9. Controlling Law and Severability.
For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be
governed by and construed in accordance with the laws of the state of California and Washington,
respectively. If for any reason a court of competent jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue
in full force and effect.
10. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the use of the Software and
related documentation, and supersedes all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. No amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized representative of SHARP.
