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 ParcelQuest under the brand name ParcelQuest.
ParcelQuest represents and warrants that it has (i) title to the 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.
Limitation of Warranties and Liabilities:
Except as set forth above, the ParcelQuest Product is produced and delivered “as is” without warranty of any kind, express or implied, including but not limited to, warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, or course of dealing. ParcelQuest 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.
ParcelQuest 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 ParcelQuest Product even if ParcelQuest has been advised of the possibility of such damages, or they are foreseeable. ParcelQuest is also not responsible for claims by a third party. The maximum aggregate liability to you shall not exceed the amount paid by you for the ParcelQuest Product.
ParcelQuest’s entire liability and licensee’s sole and exclusive remedy as to any such ParcelQuest Product shall be, at ParcelQuest’s option, either (a) return of the fees paid hereunder; or (b) replacement of such ParcelQuest Product that does not meet ParcelQuest’s limited warranty. If failure of any ParcelQuest Product has resulted from accident, abuse, or misapplication, ParcelQuest shall have no responsibility to replace the ParcelQuest Product or refund the fees paid hereunder.