Limited Warranty and Disclaimer
Bevywise warrants that the Software will substantially conform to the applicable Documentation for the longer of thirty (30) days following the date the Software is made available to you for your use.
This warranty does not apply if the Software:
- Has been altered, except by Bevywise or its authorized representative,
- Has not been installed, operated, repaired, or maintained according to instructions supplied by Bevywise,
- Has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident;
- Is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or
- Has not been provided by an Approved Source. Bevywise will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data
At Bevywise’s option and expense, Bevywise shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the Bevywise product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.
Except as expressly set forth above, Bevywise and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchant ability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Bevywise does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Bevywise does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
Limitations and Exclusions of Liability
In no event will Bevywise or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages:
- Indirect, incidental, exemplary, special or consequential damages;
- Loss or corruption of data or interrupted or loss of business; or
- Loss of revenue, profits, goodwill or anticipated sales or savings.
All liability of Bevywise, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.