5. Updates If the Software is an Update to a prior version of MetLogix software (the “Prior Version”), the following apply: Your use of this Update is conditional upon your retention of the Prior Version. Therefore, if you validly transfer this Update pursuant to Section 4.6, you must transfer the Prior Version along with it. If you wish to use this Update in addition to the Prior Version, you may only do so on the same computer on which you have installed and are using the Prior Version. Any obligation that MetLogix may have to support Prior Versions may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to you by MetLogix with additional or different items. 6. Limited Warranty MetLogix warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. This limited warranty does not apply to the following which are made available “AS-IS” and without warranty from MetLogix: patches, font software; pre-release (beta), trial, starter, evaluation, product sampler, and not for resale (NFR) copies of the Software including but not limited to Evaluation Software. All warranty claims must be made, along with proof of purchase, to MetLogix within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of MetLogix and its affiliates and your exclusive remedy will be limited to either, at MetLogix’ option, replacement of the Software or refund of the license fee you paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. METLOGIX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. 7. Disclaimer THE LIMITED WARRANTY IN SECTION 6 IS THE ONLY WARRANTY OFFERED BY METLOGIX, ITS AFFILIATES, AND SUPPLIERS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR METLOGIX’, ITS AFFILIATES’, OR SUPPLIERS’ BREACH OF THAT OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICBLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES APPLICABLE TO THE SOFTWARE, METLOGIX, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, METLOGIX, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, METLOGIX OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. METLOGIX DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. 8. Limitation of Liability EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY METLOGIX ABOVE AND ANY REMEDIES THAT CANNOT BE EXLCUDED OR LIMITED UNDER LAW, METLOGIX, ITS AFFILIATES, SUPPLIERS AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL 98
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