Powerware Model V-2000B User Manual

116 = Warranty and EULA 

automatic termination of this license and will make available to Company other legal remedies.  You 
may not disclose any of Company’s proprietary or trade secret information relating to the Software to any 

third party. 
 

4.  Company warrants that the Software will perform substantially in accordance with its Documentation.  

Your exclusive remedy for breach of this limited warranty and Company’s entire liability shall be, in 

Company’s discretion, either return of the price paid to Company by You for the Software, or repair or 
replacement of the Software after Software and Documentation are returned to Company with an 

applicable receipt.  Company’s warranty is void if failure of the Software has resulted from accident, 
abuse, modification or misapplication.  COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR 

IMPLIED, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND SPECIFICALLY 
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE.  COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE 

UNINTERRUPTED OR ERROR FREE. 
 

5.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR 

ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, 

INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION 
OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE.  IN ALL 

EVENTS, COMPANY’S SOLE OBLIGATION OR LIABILITY UNDER THIS LICENSE IS THE 
REPLACEMENT OR REPAIR OF THE SOFTWARE OR A REFUND OF THE PURCHASE PRICE. 

 

6.  You may terminate the license granted in Section 1 of this Agreement at any time by destroying or 

erasing your copy of the Software.  Company may terminate this Agreement immediately and without 
notice if you fail to comply with any term or condition of this Agreement.  In the event of termination of 

this Agreement, all the sections of this Agreement will survive except for Section 1. 
 

7.  This Agreement shall be governed by and construed in accordance with the laws of the State of 

California, U.S.A., without reference to conflicts of laws provisions or the 1980 U. N. Convention on 

Contracts for the International Sale of Goods and, as to matters affecting copyrights, trademarks and 
patents, by U.S. federal law.  Any dispute with respect to this Agreement shall be brought and heard 
either in the California state courts located in Los Angeles County, California, or the federal district court 

for the Central District, Western Division, located in Los Angeles, California.  In such event, the parties 
to this Agreement each consent to the in personam jurisdiction and venue of such courts.  The parties 

agree that service of process upon them in any such action may be made if delivered in person, by 
courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given 

upon receipt. 
 

8.  This Agreement sets forth the entire agreement between You and Company pertaining to the licensing of 

the Software, and supersedes in its entirety any and all written or oral agreements previously existing 

between the parties with respect to such subject matter.  If any provision of this Agreement is held 
invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or 

unenforceability, and the remainder of this Agreement shall continue in full force and effect.  In the 
event of any conflict between any provision of this Agreement and applicable law, the provisions of this 

Agreement affected shall be modified to remove such conflict and permit compliance with such law, and 
as so modified this Agreement shall continue in full force and effect.  This Agreement may not be 
assigned without the consent of Company.