Except as otherwise agreed to by ToucheComm Inc. ("Touche") and the customer in a written agreement or as set forth below, the warranty duration for software (or "product") provided under an agreement directly between Touche as developer/licensor and the customer is ninety (90) days from the date of shipment, or the date of electronic availability, as applicable.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE TOUCHE LIMITED WARRANTY. TOUCHE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Refunds and Warranty Limitations
Touche offers no refunds on products developed under contract, and our limited warranty provides that, subject to the following limitations, each product will be free from defects in material and workmanship and will conform to Touche's specification for the particular product.
Limitation of Remedies
Your exclusive remedy for any defective product is limited to the repair or replacement of the defective product.
Limitation of Damages
Touche's entire liability for any defective product shall in no event exceed the purchase price for the defective product. This limitation applies even if Touche cannot or does not repair or replace any defective product and your exclusive remedy fails of its essential purpose.
No Consequential or Other Damages
Notwithstanding anything else in this policy or otherwise, Touché will not be liable with respect to the products under any contract, negligence, strict liability or other legal or equitable theory (i) for any amount in excess of the purchase price for the defective product or (ii) for any general, consequential, punitive, incidental or special damages. These include loss of business, interruption of use, the cost of recovery of lost data, lost profits and the cost of the installation or removal of any products, the installation of replacement products, and any inspection, testing, or redesign caused by any defect or by the repair or replacement of products arising from a defect in any product.
Use of Product
Touche will have no liability for any Product if Touche determines that:
- The asserted defect:
- - Is not present,
- - Is attributable to misuse, improper installation, or, alteration of computer code or any underlying operating parameters by any party other than Touche.
- The Product was not used in accordance with Touche specifications and instructions.
- The Product was not used for its intended function.
Changes To This Statement
If there are changes or additions to the terms of this Warranty Policy, we will post those changes here prior to implementing the change, as such, ToucheComm Inc. encourages you to periodically review this Warranty Policy so you are informed on how your information is being protected and used.
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