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 6 and 7, 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 damag
es, 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.
