8. Limited Warranty. Pinnacle warrants to the original licensee that the
Software, as delivered, will perform in accordance with the accompanying
documentation for a period of 30 days from the date of the original purchase
("Limited Warranty"). Pinnacle's entire liability and your exclusive remedy for
breach of the preceding Limited Warranty shall be, at Pinnacle's sole option,
repair or replacement of the Software that does not meet the warranty set forth
herein and that is returned to Pinnacle. This limited warranty shall be void if
failure of the Software has resulted from any accident, abuse, misuse or
misapplication by you. Any replacement Software will be warranted for the
remainder of the original warranty period or 30 days, whichever is longer.
9. NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE
SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. YOU ASSUME ALL
RESPONSIBILITIES FOR THE QUALITY AND PERFORMANCE OF THE
SOFTWARE.
TO
THE
MAXIMUM
EXTENT
PERMITTED
BY
APPLICABLE LAW, PINNACLE DISCLAIMS ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
LICENSOR
DOES
NOT
WARRANT
THAT
THE
FUNCTIONS
CONTAINED
IN
THE
SOFTWARE
WILL
MEET
YOUR
REQUIREMENTS, BE UNINTERRUPTED OR ERROR FREE.
10. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT
WILL PINNACLE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER,
EVEN IF PINNACLE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL PINNACLE'S LIABILITY
EXCEED THE TOTAL AMOUNT OF THE FEES PAID FOR THE
SOFTWARE. Some states/jurisdictions do not allow the limitation or exclusion
of incidental or consequential damages in certain circumstances, so the above
limitations may not apply in some circumstances.
Studio Deluxe
22