Vanguard Managed Solutions 650 User Manual

Page 72

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Software License and Regulatory Information

Limited Warranty: We warrant that the Software will perform substantially in
accordance with our published specifications under normal use, and that the media
will be free from defects in materials and workmanship. This warranty is limited to
a period of 90 days from installation or 120 days from our shipment to you,
whichever is earlier. Under this warranty, we will use reasonable efforts to correct
any material defect in the Software. If we cannot correct the defect within a
reasonable time, then at our option we will replace the defective Software with
functionally-equivalent software or terminate the license and refund the license fee
you paid for it. This warranty does not apply to any media or Software which has
been subjected to damage, misuse, neglect, alteration, modification, or improper
installation. We do not guarantee the integrity of data, warrant that the Software will
operate uninterrupted or error free, or warrant that each defect will be corrected. This
states your exclusive remedy and our entire liability under the warranty. WE
MAKE NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND,
EXPRESS OR IMPLIED. WITHOUT LIMITING THIS PROVISION, WE
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: EXCEPT FOR PERSONAL INJURY, OUR TOTAL
LIABILITY WHETHER FOR BREACH OF CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED
TO THE LICENSE FEE OF THE SOFTWARE. IN NO EVENT WILL WE BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

Transfer: You may transfer the Software to another party if the other party agrees to
accept the terms and conditions of this License, and you destroy any copy of the
Software you do not transfer to that party. Otherwise, you may not sublicense any
license or transfer, rent or lease any Software without our written consent.

U.S. Government Users: The enclosed Software is provided to the U.S.
Government under agreement which grants the Government the minimum “restricted
rights” in the Software, as defined in the Federal Acquisition Regulation (FAR) or
the Defense Federal Acquisition Regulation Supplement (DFARS), whichever is
applicable.

If the software is procured for use by the Department of Defense, the following
legend applies:

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure by the Government

is subject to restrictions as set forth in

subparagraph (c)(1)(ii) of the

Rights in Technical Data and Computer Software

clause at DFARS 252.227-7013.

Vanguard Managed Solutions

575 West Street

Mansfield, MA 02048

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