We make every effort to deliver software that gets the job done in the real world, outside our pristine, perfect-world labs.
Limited Warranty
Clicktricity warrants that for a period of thirty (30) days from the date of download from Clicktricity that the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the original licensee. Your exclusive remedy and the entire liability of Clicktricity and its suppliers under this limited warranty will be, at Clicktricity’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to Clicktricity. In no event does Clicktricity warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
Disclaimers of Warranties
Unless stated in the Additional Terms, the Software is provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We further disclaim any warranty that (a) the Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of Software will be effective, accurate, or reliable; (c) the quality of the Software will meet your expectations; or that (d) any errors or defects in the Software will be corrected.
We specifically disclaim any liability for any actions resulting from your use of the Software. You may use and access the Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of the Software.
This warranty does not apply if the software (a) has been altered, except by Clicktricity, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Clicktricity, (c) or has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident.
This warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Clicktricity does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
Limitation of Liability
IN NO EVENT WILL Clicktricity OR ITS SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF Clicktricity OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Clicktricity’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.