BlueBridge warrants that the media on which the Software is distributed will be free from defects, and that the Software shall perform substantially as described in its documentation for a period of sixty (60) days from purchase. Your sole remedy in the event of a breach of this warranty will be that BlueBridge will, at it its option, replace any defective media returned to BlueBridge within the warranty period or refund the money you paid for the Software. BlueBridge does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.
You shall indemnify and hold BlueBridge harmless against any damages caused by improper use of the Software, where its correct use is given by the Documentation provided by BlueBridge. Furthermore, BlueBridge is not liable for any damages caused by any other means other than by the Software itself, where it has been used in accordance with the Documentation.
BlueBridge stresses that liability will not be held in cases where the licensee has not met the technical requirements for installing the software before trying to do so.
BlueBridge shall not be held liable for any losses resulting from the use of any programs that are not from BlueBridge, whether the Licensee uses the other programs independently or in conjunction with BlueBridge’s Software. The exception to this is for any programs that are listed in the Documentation as prerequisites for the Software. In these cases, BlueBridge will only accept liability if the damages were caused by its own Software.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BlueBridge BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF BlueBridge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any case, the extent of BlueBridge’s liability shall not exceed the fees paid to BlueBridge for the licence of the Software.
The limitations of liability listed above apply also to employees and contractors of BlueBridge, as well as organisations that are related to BlueBridge.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.