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WARRANTY.DOC
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@ 1990, Colorado Memory Systems, Inc. All rights reserved.
SOFTWARE LICENSE AGREEMENT
By operating this software,
YOU ARE ACCEPTING A BINDING CONTRACT,
so read it first.
This tape system software is the property of Colorado Memory
Systems, Inc. (the "Company"). It is not public domain software,
rather, it is licensed without charge for the Company's customers
according to the following terms. If you, the User, do not qualify
or cannot accept the terms of this agreement, do not use the
software, rather delete all files downloaded.
To qualify to use this software, you must:
- have a Colorado Memory System tape backup system, and
- accept and comply with the terms of this agreement.
As used in this agreement "software" means the Tape System Backup
software downloaded in this session.
LICENSE
By acceptance, you are licensed to do only the following:
1. Use the Program on any number of systems to operate a
Colorado Memory System's product; and
2. Reproduce the software only as necessary to use it and to
create no more than two (2) copies of the software in machine-
readable form for back-up purposes only.
These rights are the only rights granted. Transferring, sub-
licensing, unauthorized copying, or assigning any rights are each
expressly prohibited as is modifying the software in any way.
LIMITED SOFTWARE WARRANTY
COLORADO MEMORY SYSTEMS, INC.
LIMITED SOFTWARE WARRANTY
What Does This Warranty Cover?
Colorado Memory Systems, Inc. (the "Company") warrants to
Purchaser that its software, if properly installed and operated on
a computer for which it is designed, will perform substantially in
accordance with the specifications set forth in the User's Guide
provided with the software. This warranty commences on the date of
delivery to Purchaser and is good for sixty (60) days thereafter.
What are the Company's Obligations Under This Warranty?
During the warranty period, the Company agrees to repair or
replace, at its sole option, without charge to Purchaser, the
software that does not perform substantially in accordance with the
specifications set forth in the Software Installation and Operation
Guide. If the Company is unable to provide corrected software
within a reasonable time, the Company will replace the software
with a functionally similar program. After repair or replacement,
the Company will return the software to Purchaser, postage and
insurance prepaid. To obtain service, Purchaser may call 1-800-
346-9811. Any claim under the warranty must include a dated proof
of purchase or invoice. In any event, the Company's liability for
non-performing software is limited to repairing or replacing the
software.
What Does This Warranty Not Cover?
This warranty is contingent upon proper use of the software by
Purchaser and does not cover damage due to accident, unusual
physical, electrical or electromechanical stress, neglect, misuse,
failure of electric power, air conditioning, humidity control,
transportation, operation with operating systems, media or hardware
not approved by the Company, or tampering with or altering of the
software.
What is the Length of the Warranty?
ANY IMPLIED WARRANTIES COVERING THE SOFTWARE, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF
DELIVERY TO PURCHASER. Some states do not allow limitations on how
long an implied warranty lasts, so the above limitation may not
apply to you.
What are the Limits on the Company's Liability?
IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS
OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
THEORY EVEN IF THE COMPANY OR OUR AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may
not apply to you.
This warranty allocates risks of product failure between
Purchaser and the Company. The Company's software pricing reflects
this allocation of risk and the limitations of liability contained
in this warranty. The Company does not warrant that the operation
of this software will be uninterrupted, error free or meet
Purchaser's specific requirements. The warranty set forth above is
in lieu of all other express warranties, whether oral or written.
The agents, employees, distributors, and dealers of the Company are
not authorized to make modifications to this warranty, or
additional warranties binding on the Company. Accordingly,
additional statements such as dealer advertising or presentations,
whether oral or written, do not constitute warranties by the
Company and should not be relied upon.
This warranty gives you specific legal rights. You may also
have other rights which vary from state to state.
GENERAL TERMS
The validity and interpretation of the License Agreement shall be
governed by Colorado law, except as to copyright and other
proprietary matters which may be preempted by United States laws
and international treaties. The User consents to exclusive
jurisdiction in either state or federal courts in Colorado. In the
event any provision of this License Agreement shall be deemed
unenforceable, void, or invalid, such provision shall be modified
so as to make it valid and enforceable, and as so modified the
entire agreement shall remain in full force and effect. This
License Agreement sets forth the entire understanding and agreement
between the parties and no written or oral representations of any
kind whatsoever shall in any way modify or expand the terms of this
agreement.
Hit ENTER <- now to accept the terms of this contract and begin to
use or download the software.
=================================================================
COLORADO MEMORY SYSTEMS, INC.
ONE YEAR
LIMITED HARDWARE WARRANTY
What Does This Warranty Cover?
Colorado Memory Systems, Inc. (the "Company") warrants to
the Purchaser that its hardware is free from defects in
workmanship or material under normal use and service. This
warranty commences on the date of delivery of the hardware to the
Purchaser.
What are the Company's Obligations Under This Warranty?
During the warranty period, the Company agrees to repair or
replace, at its sole option, without charge to Purchaser, any
defective component part of the hardware. To obtain service,
Purchaser must return the hardware to the Company or an
authorized Company distributor in an adequate container for
shipping. To obtain assistance on where to deliver the hardware,
call 1-800-346-9811. The shipping and insurance charges incurred
in shipping to the Company will be paid by Purchaser. Upon
receipt, the Company will promptly repair or replace any
defective unit, and then return said unit to Purchaser, postage
and insurance prepaid. The Company may use reconditioned or like
new parts or units, at its sole option, when repairing any
hardware. Any claim under the warranty must include a dated
proof of purchase or invoice. In any event, the Company's
liability for defective hardware is limited to repairing or
replacing the hardware.
What Does This Warranty Not Cover?
This warranty is contingent upon proper use of the hardware
by Purchaser and does not cover: expendable component parts such
as tapes and the like; or if damage is due to accident, unusual
physical, electrical or electromechanical stress, neglect,
misuse, failure of electric power, air conditioning, humidity
control, transportation, operation with media not approved by the
Company, or tampering with or altering of the hardware.
What is the Length of the Warranty?
ANY IMPLIED WARRANTIES COVERING THE HARDWARE, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO ONE YEAR FROM THE DATE OF
DELIVERY TO PURCHASER. Some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may
not apply to you.
What are the Limits on the Company's Liability?
IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS
OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER
LEGAL THEORY EVEN IF THE COMPANY OR ITS AGENT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
This warranty allocates risks of product failure between
Purchaser and the Company. The Company's hardware pricing
reflects this allocation of risk and the limitation of liability
contained in this warranty. The warranty set forth above is in
lieu of all other express warranties, whether oral or written.
The agents, employees, distributors, and dealers of the Company
are not authorized to make modifications to this warranty, or
additional statements such as dealer advertising or
presentations, whether oral or written, do not constitute
warranties by the Company and should not be relied upon.
This warranty gives you specific legal rights. You may also
have other rights which vary from state to state.
=================================================================
COLORADO MEMORY SYSTEMS, INC.
LIMITED SOFTWARE WARRANTY
What Does This Warranty Cover?
Colorado Memory Systems, Inc. (the "Company") warrants to
Purchaser that its software, if properly installed and operated on
a computer for which it is designed, will perform substantially in
accordance with the specifications set forth in the User's Guide
provided with the software. This warranty commences on the date of
delivery to Purchaser and is good for sixty (60) days thereafter.
What are the Company's Obligations Under This Warranty?
During the warranty period, the Company agrees to repair or
replace, at its sole option, without charge to Purchaser, the
software that does not perform substantially in accordance with the
specifications set forth in the Software Installation and Operation
Guide. If the Company is unable to provide corrected software
within a reasonable time, the Company will replace the software
with a functionally similar program. After repair or replacement,
the Company will return the software to Purchaser, postage and
insurance prepaid. To obtain service, Purchaser may call 1-800-
346-9811. Any claim under the warranty must include a dated proof
of purchase or invoice. In any event, the Company's liability for
non-performing software is limited to repairing or replacing the
software.
What Does This Warranty Not Cover?
This warranty is contingent upon proper use of the software by
Purchaser and does not cover damage due to accident, unusual
physical, electrical or electromechanical stress, neglect, misuse,
failure of electric power, air conditioning, humidity control,
transportation, operation with operating systems, media or hardware
not approved by the Company, or tampering with or altering of the
software.
What is the Length of the Warranty?
ANY IMPLIED WARRANTIES COVERING THE SOFTWARE, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF
DELIVERY TO PURCHASER. Some states do not allow limitations on how
long an implied warranty lasts, so the above limitation may not
apply to you.
What are the Limits on the Company's Liability?
IN ANY CASE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR LOSS
OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL
THEORY EVEN IF THE COMPANY OR OUR AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may
not apply to you.
This warranty allocates risks of product failure between
Purchaser and the Company. The Company's software pricing reflects
this allocation of risk and the limitations of liability contained
in this warranty. The Company does not warrant that the operation
of this software will be uninterrupted, error free or meet
Purchaser's specific requirements. The warranty set forth above is
in lieu of all other express warranties, whether oral or written.
The agents, employees, distributors, and dealers of the Company are
not authorized to make modifications to this warranty, or
additional warranties binding on the Company. Accordingly,
additional statements such as dealer advertising or presentations,
whether oral or written, do not constitute warranties by the
Company and should not be relied upon.
This warranty gives you specific legal rights. You may also
have other rights which vary from state to state.