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WARRENTY, LIABILITY AND RETURN POLICIES

  • GRT REPRESENTS AND WARRANTS THAT IT IS THE OWNER OF THE RIGHTS IN THE LICENSED SOFTWARE OR THAT IT OTHERWISE HAS ALL NECESSARY RIGHTS IN AND TO THE LICENSED SOFTWARE AND THAT IT HAS THE UNQUALIFIED RIGHT TO MAKE THE LICENSED SOFTWARE AVAILABLE TO THE CUSTOMER AND TO GRANT THE LICENSES PROVIDED FOR IN THIS AGREEMENT.
  • GRT REPRESENTS AND WARRANTS THAT TO THE BEST OF IT KNOWLEDGE THE LICENSED SOFTWARE DOES NOT INFRINGE ANY COPYRIGHT, TRADE SECRET OR PATENTS RIGHT OF ANY THIRD PARTY.
  • GRT WARRANTS THAT ANY MEDIA INCORPORATING THE LICENSED SOFTWARE OR ANY PORTION THEREOF SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE PERIOD OF THE CONTRACT AND IN THE EVENT OF ANY BREACH OF SUCH WARRANTY, GRT SHALL PROMPTLY REPAIR OR REPLACE THE DEFECTIVE MEDIA.
  • GRT WARRANTS THAT THE LICENSED SOFTWARE SHALL NOT CONTAIN ANY MALICIOUS CODE WHICH IS DEFINED AS (I) ANY UNDISCLOSED PROGRAM ROUTINE, DEVICE OR OTHER FEATURE OR HIDDEN FILE, INCLUDING, WITHOUT LIMITATION, A TIME BOMB, VIRUS, SOFTWARE LOCK, TROJAN HORSE, DROP-DEAD DEVICE, WORM, MALICIOUS LOGIC OR TRAP DOOR, THAT IS DESIGNED TO DELETE, DISABLE, DEACTIVATE, INTERFERE WITH OR OTHERWISE HARM THE LICENSED SOFTWARE OR ANY HARDWARE, SOFTWARE, DATA OR OTHER PROGRAMS OF THE CUSTOMERS, OR (II) ANY TRANSMITTING OR ACTIVATING COMPUTER PROGRAM OR ANY HARDWARE-LIMITING, SOFTWARE-LIMITING, OR SERVICE-LIMITS FUNCTION (INCLUDING, BUT NOT LIMITED TO, ANY KEY, NODE LOCK, TIME-OUT OR OTHER SIMILAR FUNCTIONS), WHETHER IMPLEMENTED BY ELECTRONIC OR OTHER MEANS.
  • GRT DISCLAIMS ANY WARRANTY NOT EXPRESSLY SET FORTH IN THIS ARTICLE 5, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES HOWSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE THEREOF EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • GRT DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE.
  • GRT'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY PERIOD REFLECTED ON YOUR PACKING SLIP OR INVOICE. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED.