DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
THE SOFTWARE AND DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. FURTHER, BIAS DOES NOT WARRANT, GUARANTEE, OF MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AS ASSUMED BUY YOU, AND NOT BIAS OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES. YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
BIAS warrants to the original LICENSEE that the media upon which the SOFTWARE is recorded and the BIAS Key (USB dongle), if applicable, are free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. Further, BIAS hereby limits the duration of any implied warranty(ies) on the media to the respective periods stated above. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
BIAS' entire liability and your exclusion remedy as to the media shall be, at BIAS' option, either:
(a) return of the purchase price or
(b) replacement of the media that does not meet BIAS' Limited Warranty and which is returned to BIAS with a copy of your receipt. If failure or the media has resulted from accident, abuse, or misapplication, BIAS shall have no responsibility to replace the media or refund the purchase price. Any replacement media will be warranted for the remainder of the original warranty period or thirty(30) days, whichever is longer.
THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY BIAS CONCERNING THE BIAS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIAS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVISE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NEITHER BIAS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.