User Manual

License Agreement and Copyrightsthe provisions set out herein. Upon termination you shall destroy/purge from your CPUthe written materials and all copies of the Product and Documentation.6. Maintenance. If SmartSoft offers maintenance for the Product, the terms of suchmaintenance, including any applicable fees, shall be set out in a separate agreementbetween you and SmartSoft. In the absence of such maintenance agreement, SmartSoftshall be under no obligation to maintain or support the Product.7. Substitution and/or Withdrawal of Product. SmartSoft reserves the right to substituteor withdraw the licensed Product. In the event that SmartSoft substitutes a Product tofulfill a subscription and you are dissatisfied with the substituted Product, you mayreturn the substituted Product for a full refund of the unamortized license fee paid byyou to SmartSoft. In the event that SmartSoft withdraws the Product licensedhereunder, you will receive a full refund of the unamortized license fee paid by you toSmartsoft.THIS REFUND IS YOUR SOLE REMEDY IN THE EVENT OF A SUBSTITUTION ORWITHDRAWAL OF THE PRODUCT BY SMARTSOFT.8. No Warranty. THE PRODUCT IS PROVIDED "AS IS" AND "WHERE IS." USE OF THEPRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW,SMARTSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE. SMARTSOFT DOES NOT WARRANT, GUARANTEE ORMAKE ANY REPRESENTATION REGARDING THE USE OR RESULTS OF THEPRODUCT. UNDER NO CIRCUMSTANCES SHALL SMARTSOFT, TO THE MAXIMUM EXTENTALLOWABLE UNDER LAW, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIALCONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OFBUSINESS INFORMATION OR OTHERWISE) ARISING OUT OF THE USE OR INABILITY TOUSE THE PRODUCT EVEN IF SMARTSOFT HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES,THEREFORE, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.9. Remedy. SMARTSOFT’S TOTAL LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDYUNDER THIS LICENSE AGREEMENT SHALL BE, AT SMARTSOFT’S OPTION, EITHER: (A) AREFUND OF THE UNAMORTIZED LICENSE FEES PAID TO SMARTSOFTHEREUNDER; (B) REPLACEMENT OR REPAIR OF THE PRODUCT, OR (C) IF NO LICENSEFEES WERE PAID TO SMARTSOFT FOR THE PRODUCT, TEN DOLLARS ($10.00) (U.S.).10. Export Restrictions. IN COMPLIANCE WITH USPS REGULATIONS, YOU AGREE NOT TODIRECTLY OR INDIRECTLY EXPORT OR RE-EXPORT OR KNOWINGLY PERMIT THE EXPORTOR RE-EXPORT OF THE PRODUCT TO ANY COUNTRY OUTSIDE THE BOUNDARIES OF THE211