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<br />The School District of Lee County, Florida - RFP # 6211
<br />Document Imaging System
<br />
<br />August 5, 2004
<br />
<br />IV. LIMITED WARRANTY; DISCLAIMER The media (not SOFTWARE) is warranted to the original
<br />purchaser against defects in material and workmanship for a period of three (3) months from the date
<br />of original purchase. Defective media will be replaced when It is returned postage prepaid with a copy of
<br />the purchase receipt to Compulink. Except as stated above, COMPULlNK LICENSES THE
<br />SOFTWARE ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND COMPULlNK
<br />DOES NOT WARRANT THE ERROR-FREE OPERATION OF THE SOFTWARE EXCEPT AS
<br />EXPRESSLY STATED ABOVE, COMPULlNK DISCLAIMS ALL WARRANTIES, EXPRESS OR
<br />IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br />PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
<br />
<br />V LIMITATION OF LIABILITY AND DAMAGES COMPULlNK'S LIABILITY FOR ANY DAMAGES OR
<br />INJURIES SUFFERED BY YOU, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF
<br />WARRANTY, CLAIM OF NEGLIGENCE, MISREPRESEN- TATION OR OTHER TORT, OR ON ANY
<br />OTHER LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY
<br />PAID TO COMPULlNK OR ITS AUTHORIZED RESELLER FOR THE SOFTWARE. UNDER NO
<br />CIRCUMSTANCES SHALL COMPULlNK OR ITS RESELLERS, AGENTS, EMPLOYEES,
<br />CONSULTANTS, AND SUPPLIERS (COLLECTIVELY, "REPRE- SENTATIVES") BE LIABLE TO YOU
<br />OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAM- AGES
<br />(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS
<br />INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS),
<br />REGARDLESS OF WHETHER COMPULlNK OR ITS REPRESENTATIVES HAVE BEEN WARNED
<br />OF SUCH DAMAGES OR CLAIMS. NO ACTION MAY BE BROUGHT AGAINST COMPULlNK OR ITS
<br />REP- RESENTATIVES UNDER THIS LICENSE AGREEMENT MORE THAN ONEYEAR AFTERYOU
<br />KNEW OR SHOULD HAVE KNOWN OF THE FACTS WHICH GAVE RISE TO THE CAUSE OF
<br />ACTION
<br />
<br />Some states do not allow the exclusion of Implied warranties, so the above exclusions may not apply to
<br />you. In that event, any Implied warranties are limited In duration to 90 days from the date of purchase of
<br />the SOFTWARE. However, some states do not allow limitations on how long an implied warranty lasts,
<br />so the above limitation may not apply to you. ThiS limited warranty gives you specific legal rights, and
<br />you may have other rights that vary from state to state
<br />
<br />Some states do not allow the limitation or exclusion of liability for incidental or consequential damages,
<br />so the above limitation or exclusion may not apply to you. The limitations of damages or liability set
<br />forth in this Agreement are fundamental elements of the basis of the bargain between Compulink and
<br />you. You acknowledge and agree that Compulink would not be able to provide this product on an
<br />economic basIs without such limitations
<br />
<br />VI US. GOVERNMENT RESTRICTED RIGHTS NOTICE Use, duplication, or disclosure by the United
<br />States Government is subject to restrictions as set forth In FAR 52227-14 (June 1987), Alternate
<br />III(g)(3)(June1987), FAR 52.227.19 (June 1987), or DFARS 52.227-7013 (c)(I)(ii)(June 1988), as
<br />applicable. The SOFTWARE IS a "commercial item," as that term is defined at 48 C FR 2.101 (Oct
<br />1995), consisting of "commercial computer software" and "commercial computer software
<br />documentation," as those terms are defined at 48 CFR 12.212 (Sept. 1995) Consistent with 48
<br />C.F.R 12.212 and
<br />
<br />48 CFR 227-7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the
<br />SOFTW ARE With only those rights set forth herein Contractor/Manufacturer is Compulink Management
<br />Center, Inc, 3545 Long Beach Blvd, Long Beach, Califorma 90807
<br />
<br />VIIGENERAL If any provision of this Agreement is found to be unlawful, void, or unenforceable, that
<br />provision shall be severed from this Agreement and Will not affect the validity and enforceability of any
<br />of its remaining provisions. This Agreement does not limit any rights that Compulink may have under
<br />trade secret, cOPYright, patent or other laws Compulink's resellers, dealers and distributors are not
<br />authorized to modify this Agreement, or to make any additional representations, commitments, or
<br />warranties binding on Compulink
<br />
<br />R&S Integrated Products and Services, Inc.
<br />
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