000-238 Practice Exams,Certification

WARRANTY, LIMITATION OF REMEDIES AND LIABILITY: If applicable, CertMagic warrants the media on which the Software is recorded to be free from defects in materials and free from faulty workmanship for a period of thirty (30) days after the date you receive the Software. If, during this 30-day period, the Software media is found to be defective or faulty in workmanship, the media may be replaced without charge. YOUR SOLE REMEDY UNDER THIS AGREEMENT SHALL BE THE REPLACEMENT OF DEFECTIVE MEDIA AS SET FORTH ABOVE. EXCEPT AS EXPRESSLY PROVIDED FOR MEDIA ABOVE, CertMagic MAKES NO OTHER OR FURTHER WARRANTIES REGARDING THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING THE QUALITY OF THE SOFTWARE, ITS PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED TO YOU ON AN "AS-IS" BASIS. THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE REMAINS SOLELY WITH YOU. CertMagic’s EXCLUSIVE AND MAXIMUM LIABILITY FOR ANY CLAIM BY YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU ARISING OUT OF YOUR ORDER, USE, OR INSTALLATION OF THE SOFTWARE SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU TO CertMagic FOR THE SOFTWARE, AND IN NO EVENT SHALL CertMagic BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSSES ARISING OUT OF YOUR ORDER, USE, OR INSTALLATION OF THE SOFTWARE OR MEDIA DELIVERED TO YOU OR OUT OF THE WARRANTY, INCLUDING WITHOUT LIMITATION, LOSS OF USE, PROFITS, GOODWILL, OR SAVINGS, OR LOSS OF DATA, FILES, OR PROGRAMS STORED BY THE USER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.PLEASE READ CAREFULLY. THE FOLLOWING LIMITS SOME OF YOUR RIGHTS, INCLUDING THE RIGHT TO BRING A LAWSUIT IN COURT. By accepting this Agreement, you and CertMagic agree that all claims or disputes will be submitted to binding arbitration if demanded by either party. The arbitration will be handled by the courts of Lahore,Pakistan and governed by its rules. This Agreement requiring arbitration (if demanded) is still fully binding even if a class action is filed in which you would be a class representative or member. You and CertMagic agree that the arbitration of any dispute or claim between us will be conducted apart from all other claims or disputes of other parties and that there will be no class or consolidated arbitration of any claims or disputes covered by this Agreement. You and CertMagic also agree that this Agreement does not affect the applicability of any statute of limitations.GENERAL: This agreement, including the Limited Warranty, the limited liability and the disclaimer of liability contained therein shall be governed by Pakistan Laws. All disputes are subject to exclusive jurisdiction of Courts in Lahore, Pakistan. You are responsible for installation, management and operation of the product