Limited Warranty on Media
Licensor warrants that from the date of the original license or receipt, the Media shall be free of defects in materials or workmanship under normal use. If any such defect appears within thirty (30) days of the original purchase, the media may be returned for replacement without charge, provided that all copies of the Program including the archival copy made pursuant to this Agreement are returned to Licensor, along with an explanation of the alleged defect.
Disclaimer of Warranty on Program
You expressly acknowledge and agree that use of the Program is at your own risk. The Program is provided “as is” and without warranty of any kind, and Licensor expressly disclaims all warranties, express or implied, including but not limited the implied warranties of merchantability, non infringement and fitness for a particular purpose. Licensor does not warrant that the Program will meet your requirements or that any defects in the Program will be corrected.
No oral or written information or advice given by Licensor or an authorized representative of Licensor shall create a warranty or in any way increase the scope of this warranty set forth in this Agreement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to users in those jurisdictions; however, the above disclaimer shall be applied to the fullest extent permitted by law in every jurisdiction in which this Program and its related materials are distributed.
Neither the material contained in the Program licensed pursuant to this agreement nor any coaching that may occur in connection with use of the Program or otherwise provided by the Licensor is intended for use in the diagnosis, cure, treatment, or prevention of disease or any other medical or mental health condition. The user is urged to consult with competent medical professionals of user’s choice regarding the diagnosis, cure, treatment, or prevention of disease or any other medical or any mental health condition.
Limitation of Liability
Licensor’s obligation to replace any defective Media shall be your sole and exclusive remedy for any and all claims against Licensor arising out of or in connection with the Program, whether made or suffered by you or any other party and whether based in contract or tort. Under no circumstances, whether in contract or tort, shall Licensor be liable for indirect, consequential, special or exemplary damages even if Licensor has been advised of the possibility of such damages. In any event, any liability of Licensor out of or in connection with this Agreement or your use of the Program shall not exceed the amount, if any, paid by you to licensor for the Program.
You agree to indemnify and hold harmless Licensor, its directors, officers, employees, owners, agents and Licensors harmless for any claims arising out of your use of the Program.
Term of Use
This License will terminate immediately without notice from Licensor if you fail to comply with any provision of this License. Upon termination you must destroy the Program and all copies thereof, including, but not limited to, any archival copies made pursuant to this Agreement.