SOFTDISK PUBLISHING WARRANTS THAT THIS DISK IS FREE FROM DEFECTS FOR 90 DAYS AND WILL REPLACE A DEFECTIVE DISK WITHIN THAT TIME PERIOD UPON RECEIPT OF SUCH DEFECTIVE DISK, POSTAGE PREPAID. SOFTDISK FURTHER WARRANTS THAT THIS SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH ANY WRITTEN GUARANTEES PUBLISHED BY SOFTDISK.
SOFTDISK PUBLISHING DISCLAIMS ALL OTHER WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. SOFTDISK PUBLISHING DOES NOT WARRANT THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
^C{LIMITATION OF LIABILITY}
IN NO EVENT WILL SOFTDISK PUBLISHING BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OR ATTEMPTED USE OF THIS SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SOFTDISK PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO
CIRCUMSTANCES SHALL THE LIABILITY OF SOFTDISK PUBLISHING EXCEED THE ACTUAL AMOUNT PAID TO AND RECEIVED BY SOFTDISK PUBLISHING IN CONNECTION WITH
THE PARTICULAR COPY OF THE SOFTWARE IN QUESTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF LOUISIANA WITHOUT REGARD TO THE CHOICE OF LAW RULES OF SUCH STATE.
