Simutech Systems, Inc (SIMUTECH) warrants that the SOFTWARE, as delivered, will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. Any implied warranties of the SOFTWARE are limited to (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you (the LICENSEE).
The entire liability of SIMUTECH and the exclusive remedy of the LICENSEE shall be, at the option of SIMUTECH, either (a) return of the price paid (less a 15% restocking fee) if the sealed disk package containing the SOFTWARE has not been opened or (b) replacement of the SOFTWARE that does not meet the Limited Warranty, and which is returned to SIMUTECH along with the documentation and hardware keys. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES
SIMUTECH disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and the accompanying documentation. This limited warranty gives the LICENSEE specific legal rights. The LICENSEE may have others, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall SIMUTECH be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or other pecuniary loss) arising out of the use of or inability to use this product, even if SIMUTECH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the LICENSEE.