ePad Product Family User’s Guide
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7.1 Ownership. ePadLink represents and warrants that it has
obtained all necessary rights in and to the Software
necessary to grant the rights and licenses to you hereunder.
7.2 Performance. ePadLink represents and warrants that for
90 days from the date of sale of product (the “Warranty
Period”) to end-users consistent with the terms of this
Agreement, the Software will perform in accordance with the
specifications and documentation therefore, and that the
specifications and documentation accurately reflect the
operation and use of the most current version of the
ePadLink products, including Updates (as hereinafter
defined), provided to you hereunder.
7.3 Warranty Disclaimer. EXCEPT FOR THE EXPRESS
WARRANTY SET FORTH ABOVE, EPADLINK AND ANY THIRD
PARTY DEVELOPERS MAKE NO OTHER WARRANTIES
RELATING TO THE PRODUCTS, EXPRESS, STATUTORY OR
IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY EVEN IF EPADLINK HAS BEEN
INFORMED OF SUCH PURPOSE.
8. Software Maintenance, Development and Support.
a. Maintenance. In the event of the discovery of any
material failure of the Software to comply with the warranty
of Section 7.2, above, ePadLink’s sole liability and your sole
remedy shall be, at ePadLink’s Option, either: (i) return the
License Fee; or (ii) repair or replacement of the Software;
provided, however that ePadLink received written notice of
such failure within the Warranty Period.
b. Upgrades, Bug Fixes and New Releases. ePadLink
shall make available to you updates, upgrades, bug fixes and
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