●
sComm warrants that the Software will perform substantially in accordance with the accompanying materials for a period of
three hundred sixty five (365) days from the date of receipt. If an implied warranty or condition is created by your state
/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, but only
as to defects discovered during the period of this limited warranty (365 days). As to any defects discovered after the 365-day
period, there is no warranty or condition of any kind.
●
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this
Limited Warranty is as set forth below and in the accompanying Limited Warranty and Return Policy documents. Except for
any refund elected by sComm, you are not entitled to any damages, including but not limited to consequential damages, if the
Software does not meet SComm’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any
remedy fails of its essential purpose.
●
YOUR EXCLUSIVE REMEDY. sComm and its suppliers' entire liability and your exclusive remedy for any breach of this
Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at SComm’s
option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair
or
replacement of the Software, that does not meet this Limited Warranty and that is returned to sComm according to sComm’s
instructions. You will receive the remedy elected by sComm without charge, except that you are responsible for any expenses
you may incur (e.g. cost of shipping the UbiDuo 2 to sComm). This Limited Warranty is void if failure of the Software has
resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer, and sComm will use commercially reasonable
efforts to provide your remedy within a commercially reasonable time of your compliance with SComm’s warranty remedy
procedures. To exercise your remedy, contact sComm by calling 1-866-505-7008 or through our website at
www
. s C
omm
. com
.
●
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is
provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation,
packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law,
sComm and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby
disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of
accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with
regard to the Software, and the provision of or failure to provide support or other services, information, software, and related
content through the Software or otherwise arising out of the use of the Software. Also, there is no warranty or condition of title,
quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.
●
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To The Maximum Extent Permitted
By Applicable Law, In No Event Shall sComm Or Its Suppliers Be Liable For Any Special, Incidental, Punitive, Indirect, Or
Consequential Damages Whatsoever (Including, But Not Limited To, Damages For Loss Of Profits Or Confidential Or Other
Information, For Business Interruption, For Personal Injury, For Loss Of Privacy, For Failure To Meet Any Duty Including Of
Good Faith Or Of Reasonable Care, For Negligence, And For Any Other Pecuniary Or Other Loss Whatsoever) Arising Out Of
Or In Any Way Related To The Use Of Or Inability To Use The Software, The Provision Of Or Failure To Provide Support Or
Other Services, Information, Software, And Related Content Through The Software Or Otherwise Arising Out Of The Use Of
The Software, Or Otherwise Under Or In Connection With Any Provision Of This Eula, Even In The Event Of The Fault, Tort
(Including Negligence), Misrepresentation, Strict Liability, Breach Of Contract Or Breach Of Warranty Of sComm Or Any
Supplier, And Even If sComm Or Any Supplier Has Been Advised Of The Possibility Of Such Damages.
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Summary of Contents for UbiDuo 2
Page 1: ...UbiDuo 2 User Manual ...