Agreement; or (ii) upon destruction of all copies of the Software and related materials provided to
you by Gibson Innovations hereunder. Gibson Innovations’ rights and your obligations shall survive
the termination of this Agreement.
6.
Upgrades.
Gibson Innovations may, at its sole option, make upgrades to the Software available by general
posting on a website or by any other means or methods. Such upgrades may be made available
pursuant to the terms of this Agreement or the release of such upgrades to you may be subject to
your acceptance of another agreement. By using the Software, you consent to us collecting and
using technical information about the Device and Software to improve our products and to provide
any services to you.
7.
Support Services.
Gibson Innovations is not obligated to provide technical or other support (“Support Services”) for
the Software. If Gibson Innovations does provide you with Support Services, these will be
governed by separate terms to be agreed between you and Gibson Innovations.
8.
Limited Software Warranty.
Gibson Innovations provides the Software ‘as is’ and without any warranty except that the Software
will perform substantially in accordance with the documentation accompanying the Software for a
period of one year after your first download, installation or use of the Software, whichever occurs
first. Gibson Innovations’ entire liability and your exclusive remedy for breach of this warranty shall
be, at Gibson Innovations’ option, either (i) return of the price paid by you for the Software (if any);
or (b) repair or replacement of the Software that does not meet the warranty set forth herein and
that is returned to Gibson Innovations with a copy of your receipt. This limited warranty shall be
void if failure of the Software has resulted from any accident, abuse, misuse or wrongful
application. Any replacement Software will be warranted for the remainder of the original
warranty period or thirty
(30) days, whichever is longer. This limited warranty shall not apply to you if the Software was
provided to you free of charge on an evaluation only basis.
9.
NO OTHER WARRANTIES.
EXCEPT AS SET FORTH ABOVE, GIBSON INNOVATIONS AND ITS LICENSORS DO NOT WARRANT
THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR WILL MEET YOUR
REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
GIBSON INNOVATIONS AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY OR COMPLETENESS OF
RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS. THERE IS NO
WARRANTY AGAINST INFRINGEMENT. GIBSON INNOVATIONS DOES NOT WARRANT THAT YOU
WILL BE ABLE TO DOWNLOAD, COPY, STORE, DISPLAY, TRANSFER, AND/OR PLAY SECURE
CONTENT.
10.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL GIBSON INNOVATIONS OR ITS LICENSORS BE LIABLE FOR ANY
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