Audacity
©2008 Audacity Audio Page 27 of 29
Audacity Audio Product Terms and Conditions
Please read this document carefully.
The terms and conditions in this document constitute the entire agreement between Audacity Audio and
customer for the sale of products and license of software. By ordering the product, the customer agrees
to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do
not order this product.
LIMITED WARRANTY
Software
Audacity Audio warrants to Customer that the Desktop Companion software, PDA software and
embedded application software in the form supplied by Audacity Audio ("Software") will perform in
substantial conformance to its program specifications, for a period of sixty (60) days from the date of
original purchase from Audacity Audio or its authorized distributor. No updates are provided. Audacity
Audio does not provide any warranty for any third party applications software that may be included with
the Product that is licensed to Customer by the third party. Audacity Audio's sole obligation with respect
to this express warranty shall be (at Audacity Audio's discretion) to refund the purchase price paid by
Customer for any defective Software, or to replace it with Software that substantially conforms to
applicable Audacity Audio published specifications.
Obtaining Warranty Service--Customer must notify Audacity Audio of any defect in the Software within
the applicable warranty period and provide dated proof of original purchase from Audacity Audio or its
authorized distributors to obtain warranty service for the defect. Audacity Audio shall not be liable under
this warranty if its testing and examination disclose that the alleged defect in the Product does not exist
or was caused by misuse, neglect, improper installation or testing, or unauthorized attempts to modify
the Product, or any other cause beyond the range of the intended use, or by accident, fire, lightning,
other hazards, or acts of God. This warranty does not apply when the malfunction results from the use
of this Product in conjunction with any unauthorized products and Audacity Audio determines that there
is no fault with the Product itself.
WARRANTIES - EXCLUSIVE
TO THE EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE
EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS OR IMPLIED TERMS, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT. AUDACITY AUDIO MAKES NO WARRANTY OR REPRESENTATION THAT THE
SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS, THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE
SOFTWARE WILL BE CORRECTED.
LIMITATION OF LIABILITY
TO THE FULL EXTENT ALLOWED BY LAW, AUDACITY AUDIO ALSO EXCLUDES FOR ITSELF AND
ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES, OR FOR LOSS OF REVENUE, PROFITS, BUSINESS, DATA, OR OTHER FINANCIAL
LOSS ARISING IN CONNECTION WITH THE PRODUCT AND SOFTWARE OR ITS USE, EVEN IF
AUDACITY AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS
ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT
AUDACITY AUDIO'S OPTION
