This CD includes numerous products licensed from third party vendors and is provided separate from the product you have purchased. The individual products are licensed to you by their respective vendors. Except for the Limited Warranty set forth below, Borland Software Corporation is not responsible for the third party products and provides no support, services or warranties with respect to them. Refer to the individual vendors' disclaimer of warranties included in each product.
LIMITED WARRANTY
Borland Software Corporation (herein referred to as Borland) warrants the physical media and physical documentation provided by Borland to be free of defects in materials and workmanship for a period of ninety (90) days from the original purchase date. Any implied warranties on the software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Borland's and its suppliers' entire liability and your exclusive remedy shall be, at Borland's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Borland's Limited Warranty and which is returned to Borland with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE BORLAND CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will 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 Borland are available without proof of purchase from an authorized non-U.S. source.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORLAND AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORLAND OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BORLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BORLAND'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A BORLAND SUPPORT SERVICES AGREEMENT, BORLAND'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.