Terms and Conditions

other support (“Support Services”) for the Software. If IREX does

provide you with Support Services, these will be governed by

separate terms and conditions to be agreed upon between you and

IREX.

. IREX provides the Software ‘as is’

and without any warranty except that the Software will perform

substantially in accordance with the documentation accompanying

the Software for a period of one year after your rst download,

installation or use of the Software, whichever occurs rst. IREX’S

entire liability and your exclusive remedy for breach of this warranty

shall be, at IREX’S option, either (a) return of the price paid by you

for the Software (if any); or (b) repair or replacement of the Software

that does not meet the warranty set forth herein and that is returned

to IREX with a copy of your receipt. This limited warranty shall

be void if failure of the Software has resulted from any accident,

abuse, misuse or wrongful application. Any replacement Software

will be warranted for the remainder of the original warranty period

or thirty (30) days, whichever is longer. This limited warranty shall

not apply to you if the Software was provided to you free of charge

on an evaluation only basis. This limited warranty applies only to

the Software pre-installed or otherwise provided by IREX. IREX

does not warrant and expressly disclaims any and all warranties for

any third party software, plug-ins, applications or other materials

(collectively, “Third Party Software”), whether provided by IREX or

a third party. IREX is not responsible for the operation or usability

of such Third Party Software or for the impact of such Third Party

Software on the operation or usability of the Device. IREX reserves

the right to terminate your access to and the availability of any Third

Party Software at IREX’s sole discretion.

NO OTHER WARRANTIES. EXCEPT AS SET FORTH

ABOVE, IREX AND ITS LICENSORS DO NOT WARRANT

THAT THE SOFTWARE WILL OPERATE ERROR FREE

OR UNINTERRUPTED OR THAT THE SOFTWARE WILL

MEET YOUR REQUIREMENTS. YOU ASSUME ALL

RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE

TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE

INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM

THE SOFTWARE AND ACCURACY OR COMPLETENESS OF

RESULTS WITH RESPECT TO THE SOFTWARE AND THE

ACCOMPANYING MATERIALS. THERE IS NO WARRANTY

AGAINST INFRINGEMENT. IREX DOES NOT WARRANT