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Images for any reason; (iv) rent, lease, sublicense, or lend the Images, or a copy thereof, to another person or legal entity (Customer
may transfer all rights to use the Images to another person or legal entity, provided that Customer transfers all rights to the Software
pursuant to Section 1 above); or (v) use any Images except as expressly permitted by this Agreement.
4. LIMITED WARRANTY: Avery warrants that the CD-ROM media on which the Software is furnished will be free from defects in
materials and workmanship under normal use for a period of ninety (90) days from the date of receipt (“Limited Warranty”). Any
implied warranties on the Software, to the extent required by applicable law, are limited to ninety (90) days. This Limited Warranty
shall be void if failure of the Software has resulted from accident, abuse, or misapplication. This Limited Warranty does not apply to
any copy of the Software, which shall be accepted “AS IS, WHERE IS”. Some states/jurisdictions do not allow limitations on duration
of an implied warranty, so the above limitation may not apply.
5. CUSTOMER REMEDIES: Avery’s entire liability and Customer’s exclusive remedy shall be replacement of the CD-ROM media
that does not meet Avery’s Limited Warranty and that is returned to Avery at its Customer Service Center, 50 Pointe Drive, Brea,
California 92821, U.S.A., with proof of purchase evidencing that the CD-ROM media is within the ninety (90)-day warranty period.
Any replacement Software shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is
longer. Outside the United States, neither these remedies nor any product support services offered by Avery are available without proof
of purchase from an authorized non-U.S. source.
6. NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE
LIMITED WARRANTY STATED ABOVE, AVERY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING
WRITTEN MATERIALS. AVERY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET CUSTOMER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, AVERY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVERY OR AN AUTHORIZED AVERY REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISIDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE
CUSTOMER
7. LIMITS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
AVERY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, AVERY’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER ALLOCABLE TO THE SOFTWARE. BECAUSE SOME
STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
8. HIGH RISK ACTIVITIES: The Software is not fault-tolerant and is not designed, manufactured, or intended for use or resale as
an on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life-support machines, or weapons, in which the failure of the
Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Avery and
its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
9. APPLICABLE LAW: The laws of the State of California shall govern the interpretation of this Agreement and any dispute relating
to it. Customer agrees to the sole jurisdiction and venue of the courts located in the County of Los Angeles, State of California. If this
Software was acquired outside the United States, then local law may apply. If Customer acquired this Software in Canada, unless
expressly prohibited by local law, this Agreement is governed by the laws in force in the province of Ontario, Canada, and Customer
agrees to the following:
The parties to this Agreement have expressly required that the Agreement be drawn up in the English language./Les parties aux
presentes ont expressement exige que la presente conventiosoient redigees en langue anglaise.
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