Retail One 90-Days Limited Software Warranty

Gotechno 90-Day Limited Software Warranty

Last Updated: March,2018

Limited Warranty and Disclaimer

  • a.Limited warranty.Gotechno warrants that the Software will substantially conform to the applicable Documentation for the longer of ninety (90) days following the date the Software is made available to You for your Use or (ii) as otherwise set forth at http://www.Gotechno.com/go/warranty. This warranty does not apply if the Software, Gotechno product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Gotechno or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Gotechno, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) 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 (v) has not been provided by an Approved Source. Gotechno 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.

  • b. Exclusive remedy. At Gotechno's option and expense, Gotechno 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 Gotechno product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.

  • c. Disclaimer. Except as expressly set forth above, Gotechno 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 merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Gotechno does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Gotechno 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.

  • d. Limitations and exclusions of liability. In no event will Gotechno its officers, directors, or employees 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: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Gotechno, 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.

Glossary

  • “Approved Source” means (i) Gotechno or (ii) the Gotechno authorized reseller, distributor or systems integrator from whom you acquired the Software.

  • “Gotechno” means Gotechno Corporation.

  • “Documentation” is the Gotechno user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source

  • “Entitlement” means the license detail; including license metric, duration, and quantity provided in a product ID (PID) published on Gotechno price list, claim certificate or right to use notification.

  • “Software” means the Gotechno computer programs and any Upgrades made available to You by an Approved Source and licensed to You by Gotechno.

  • “Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof.

  • “Use” or “Using” means to download, install, activate, access or otherwise use the Software.

  • “You” and “Your” means the individual or legal entity licensing the Software under the Gotechno End User License Agreement.

Governing Law, Jurisdiction and Venue

The law that governs this Limited Warranty (notwithstanding any conflict of laws provision) and the specific court that have exclusive jurisdiction over any claim arising under this Limited Warranty.

Country or Territory

Governing Law

Jurisdiction and Venue

Philippines

Laws of Philippines

Regional Trial Court of Quezon city

In addition, no person who is not a party to the EULA shall be entitled to enforce or take the benefit of any of its terms under the Contracts.

Online Resources

Gotechno End User License Agreement (EULA)

The Gotechno End User License Agreement (EULA) governing software use is available at the following URL: https://www.Gotechnoph.com/eula.

Warranty Online

Product warranty terms and other information applicable to Gotechno products are available at the following URL: http://www.Gotechnoph.com/90dwarranty

Consult the above website or your Gotechno Sales and Service Representative for a complete listing of Gotechno products and applicable warranties.

Gotechno and the Gotechno logo are trademarks or registered trademarks of Gotechno in the Philippines. Third-party trademarks mentioned are the property of their respective owners. The use of the word partner does not imply a partnership relationship between Gotechno and any other company.

2018 Gotechno Corporation. All rights reserved.