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replace the software to comply with the Warranty. If, in LEI’s sole discretion,
LEI is unable to correct the defect within a reasonable period of time or if in
LEI’s opinion neither option (i) nor (ii) is commercially feasible for LEI, LEI may
terminate this License upon notice to You and refund to You the applicable
software license fees and payments (which shall not exceed LEI’s standard list
price for the software) whereupon You shall remove the Products from all in-
stalled hardware and equipment and return the Products and all copies thereof
to LEI. This Warranty is contingent upon Your proper use of the Products in
accordance with the documentation provided by LEI. The foregoing states Your
sole remedy under the Warranty in this Subsection 5(a).
b. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a), LEI MAKES
NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS,
OR ANY OTHER SOFTWARE, MATERIALS, INFORMATION, MAPS, OR
SERVICES PROVIDED BY LEI HEREUNDER, INCLUDING ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
OR MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PUR-
POSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL
SUCH WARRANTIES BEING HEREBY FULLY DISCLAIMED. LEI further dis-
claims that the functions contained in the Products will meet Your requirements
or that the operation and use of the Products will be error free. The Warranty
does not cover any copy of the Products that has been altered in any way by
You or any third party, or that has been used by a third party prior to Your use.
LEI shall not be responsible for problems that occur as a result of the use of the
Products in conjunction with other software or hardware that are not provided
by LEI with the Products or that are incompatible with the software or hardware
for which the Products are being acquired. LEI shall not be responsible for
problems resulting from Your failure to maintain any software or hardware on
or with which the Products are installed. Additional statements such as those
made in advertising or presentations, oral or written, do not constitute warran-
ties by LEI and should not be relied upon as such.
c. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN
THIS LICENSE, LEI SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE,
INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOST SAVINGS,
OR TO THE EXTENT PERMITTED BY LAW, DAMAGES RESULTING FROM
DEATH OR INJURY TO ANYONE, SUFFERED BY YOU OR ANY THIRD
PARTY IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE, IN-
CLUDING USE OF ANY PRODUCTS, EVEN IF LEI HAS BEEN APPRISED
OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
d. LEI’s liability for other damages resulting from or relating to the Products,
or the use thereof, shall be limited to and shall not exceed the lesser of (i) the