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Appendix B. RuggedExplorer™ Software License
and irreparable harm for which, after such occurrence, neither shall have an adequate remedy at law,
and you therefore agree that injunctive or other equitable relief will be a fair and appropriate remedy
to restrain or prevent any such reproduction, transfer or disclosure, either threatened or actual.
B.2.4.
The provisions of this Section 2 shall survive any termination of this License.
B.3. LIMITED WARRANTY
B.3.1.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 3, THE RUGGEDEXPLORER
SOFTWARE IS PROVIDED "AS IS" AND RUGGEDCOM DISCLAIMS, TO THE FULL EXTENT
PERMITTED BY LAW, ALL OTHER REPRESENTATIONS, COVENANTS AND WARRANTIES,
(EXPRESS OR IMPLIED), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THERE IS NO EXPRESS OR IMPLIED WARRANTY OF TITLE OR NONINFRINGEMENT
WITH REGARD TO THE RUGGEDEXPLORER SOFTWARE. THE ENTIRE RISK AS TO THE
PERFORMANCE OF THE RUGGEDEXPLORER SOFTWARE IS WITH YOU.
B.3.2.
RuggedCom does not warrant that the functions contained in the RuggedExplorer Software will meet
your requirements or that the operation of the RuggedExplorer Software will be uninterrupted or error
free.
B.3.3.
RuggedCom warrants the diskette(s) or other media type on which the RuggedExplorer Software is
furnished to be free from defects in materials and workmanship under normal use for a period of 1
year (356 days) from the Shipping Date as evidenced by a copy of your RuggedCom Purchase Order.
B.4. LIMITATION OF REMEDIES
B.4.1.
In the event of breach of the limited warranty in Section 3.3, RuggedCom's entire, combined and
aggregate liability and your exclusive remedy for all occurrences shall be strictly limited to:
B.4.1.1.
The replacement of any diskette or other media type not meeting RuggedCom's "Limited Warranty"
and which is returned to RuggedCom with a copy of your RuggedCom Purchase Order; or
RuggedExplorer™
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Version 1.1