Crux Cybernetics
LIMITED WARRANTY
Crux Cybernetics, Pty. Ltd. (“Crux Cybernetics”) warrants to Customer that the TeamFrame software, the Desktop integration software and any Crux Cybernetics or think.plan.do branded software (Software) will perform in substantial conformance to their program specifications while the user is licenced to use the Software. Crux Cybernetics makes no warranty or representation that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.
Crux Cybernetics does not warrant that the Software can be accessed over the Internet, nor that it will run on your computing device using third party software, such as Microsoft® Internet Explorer®, Macromedia® Flash Player®, or Adobe® Acrobat Reader®.
EXCLUSIONS
This warranty excludes (1) damage to your computing device caused by misuse, neglect, improper installation or testing, unauthorized attempts to modify the product, or any other cause beyond the range of the intended use ; (2) damage caused by accident, fire, power changes, other hazards, or acts of God; or (3) use of the product with any non-Crux Cybernetics service if such device or service causes problems.
Any third party products, including software, included with Crux Cybernetics products are not covered by this Crux Cybernetics warranty and Crux Cybernetics makes no representations or warranties on behalf of such third parties. Any warranty on such products is from the supplier or licensor of the product.
EXCLUSIVE REMEDIES
Should a covered defect occur during the warranty period and you notify Crux Cybernetics, your sole and exclusive remedy shall be, at Crux Cybernetics's sole option and expense, to repair or replace the product or software. If Crux Cybernetics cannot reasonably repair nor replace then Crux Cybernetics may, in its sole discretion, refund the licence fee paid for the product while it was unservicable. Crux Cybernetics warrants any replaced or repaired software.
OBTAINING WARRANTY SERVICE: Customer must contact a Crux Cybernetics Technical Support or Customer Service centre to obtain software service support. To obtain the number in your area refer to Crux Cybernetics's web site at www.cybernetics.com.au. Your customer number will be required.
WARRANTIES EXCLUSIVE: THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY CRUX CYBERNETICS AND ITS SUPPLIERS.
LIMITATION OF LIABILITY: NEITHER CRUX CYBERNETICS NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF CRUX CYBERNETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LICENCE AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CRUX CYBERNETICS'S ENTIRE LIABILTIY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT CRUX CYBERNETICS' OPTION.
DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of New South Wales, Australia, and by the laws of Australia, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.
