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Definitions:
ParcelQuest Product - Includes, but is not limited to, all databases and database elements, electronic images, software, packaging, media, manuals, help sources, descriptive information, logos, promotional and other materials marketed and/or sold by CD-DATA under the brand name ParcelQuest.
Limited Warranties: CD-DATA represents and warrants that it has (i) title to the CD-DATA ParcelQuest Product; and (ii) the right to grant the licenses granted hereunder. It also warrants to the original licensee that the media on which the ParcelQuest Product is provided is free from defects in materials and workmanship under normal use and service for a period of sixty (60) days from the date of delivery.
Except as set forth above, CD-DATA's ParcelQuest Product is produced and delivered "as is" without warranty of any kind. CD-DATA does not warrant, guarantee, or make any representations regarding the use, or the results, of the ParcelQuest Product in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the ParcelQuest Product is assumed by Licensee. CD-DATA assumes no responsibility for and hereby disclaims all warranties, oral or written, express or implied (except as specifically set forth herein), including without limitation, warranty of merchantability and fitness for a particular purpose.
CD-DATA shall not be liable to licensee or any third party for any direct, indirect, special, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the CD-DATA ParcelQuest Product even if CD-DATA has been advised of the possibility of such damages.
CD-DATA's entire liability and licensee's sole and exclusive remedy as to any such ParcelQuest Product shall be, at CD-DATA's option, either (a) return of the fees paid hereunder; or (b) replacement of such ParcelQuest Product that does not meet CD-DATA's limited warranty. If failure of any ParcelQuest Product has resulted from accident, abuse, or misapplication, CD-DATA shall have no responsibility to replace the ParcelQuest Product or refund the fees paid hereunder.
This Agreement shall be treated as though it were executed and performed in Sacramento County, California and shall be governed and interpreted by the laws of the State of California, and Licensee expressly submits to the jurisdiction of said courts. No action arising under this agreement may be brought more than one year after the cause of action has accrued.
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