- Warranty for Software –Qumu hereby represents and warrants to Licensee/Purchaser that (i) for a period of ninety (90) days from the date of purchase, the Software will perform in all material respects in accordance with Qumu’s then current specifications and/or documentation, which will be available on a website to be provided to Licensee/Purchaser after the date of purchase of the Software, (ii) that Qumu will use commercially reasonable efforts, in accordance with standard software industry practice, to ensure that the Software shall not contain a computer “virus” or other contaminant, including codes or instructions intended to delete, damage or disable Licensee/Purchaser’s computer system, and (iii) that in providing the Software and in performing services hereunder, Qumu and its agents shall comply with all relevant laws. Qumu’s sole obligation under the limited warranties set forth in subsections (i) and (ii) is to use commercially reasonable efforts to correct or replace any non-conforming Software once Qumu has been made aware of such non-conformance within the Warranty period.
- Software Disclaimer. QUMU DOES NOT WARRANT THAT THE OPERATION THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN SECTION (a) ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUMU DISCLAIMS ALL OTHER WARRANTIES, OR CONDITIONS, WHETHER IMPLIED OR STATUTORY, WITH REGARD TO THE SOFTWARE.
- Warranty for Hardware – Qumu warrants Hardware products (if purchased) against defects in materials and workmanship under normal use for a period of 1 (one) year from date of purchase (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Qumu will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product. This warranty does not apply: (a) to damage caused by use with non-Qumu products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Qumu or a Qumu Authorized Service Provider; (e) to a product that has been modified to alter functionality or capability without the written permission of Qumu; (g) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports; or (h) if any Qumu serial number has been removed or defaced.
- Warranty for Services – Qumu warrants and represents that it shall perform all Services in a good and workmanlike manner using reasonable skill and care. For any breach of this warranty, Purchaser’s sole and exclusive remedy, and Qumu’s entire liability, shall be the re-performance of the nonconforming Services. Qumu shall only have liability for such breaches of warranty if Purchaser provides written notice of the breach to Qumu within thirty (30) days of the performance of the applicable Services. THE WARRANTY AND REMEDY IN THIS SECTION IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, USEFULNESS OR TIMELINESS.
- $1(e) Hardware Disclaimer – QUMU DOES NOT WARRANT THAT THE OPERATION OF HARDWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS WARRANTY GIVES BUYER SPECIFIC LEGAL RIGHTS AND BUYER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. QUMU’S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT AS DETERMINED BY QUMU IN ITS SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUMU DISCLAIMS ALL OTHER WARRANTIES, OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE HARDWARE. BUYER MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
- Limitations of Liability. QUMU AND ITS THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE INCURRED BY PURCHASER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF QUMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUMU’S AND ITS THIRD PARTY SUPPLIERS’ LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY PURCHASER FOR THE HARDWARE, LICENSE(S) AND SERVICES. THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY RISK SET FORTH IN THIS SECTION.THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTIES FAIL THEIR ESSENTIAL PURPOSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY.