LIMITED WARRANTY: For 90 days from the date of purchase of the Licensed Materials (the "Warranty Period") and subject to the provisions of this Agreement, WinMagic warrants as follows: (i) the media upon which the Software is provided to you, if any, is free of material defects; and (ii) the Software will reasonably conform to the specifications contained in the accompanying Documentation. You agree that the limited warranty set out in this provision is invalidated and that you will have no claim whatsoever in respect of that warranty if: (i) you are not the purchaser of the Software Package; (ii) you fail to report in writing to WinMagic any defect or error claimed to be a breach of the warranty during the Warranty Period; (iii) the Software or the media upon which the Software is provided is misused; (iv) you fail to promptly install an update issued by WinMagic; (v) the Software or the media upon which the Software is provided is damaged, altered, or affected by accident, neglect, misuse, other abuse or in a manner in breach of this Agreement; (vi) the claim to defect or error has been caused, in whole or in part, by persons other than WinMagic; or (vii) if the Software has been installed on a system that has not been certified by WinMagic as compatible with the Software at the time of purchase. If you have a warranty claim brought properly within the Warranty Period, WinMagic's sole responsibility pursuant to this limited warranty will be, at WinMagic’s sole discretion, will be to (i) return to you the purchase price and other applicable amounts paid by you for the Software Package; (ii) replace the Licensed Software; or (iii) provide support for the Licensed Software by electronic mail. If WinMagic, at its sole discretion, chooses to replace the Licensed Software, the Warranty Period applicable to the replacement Licensed Software will be the greater of the remaining time available to you pursuant to the original Warranty Period or 30 days. THE LIMITED WARRANTY SET FORTH IN THIS PROVISION IS THE ONLY WARRANTY MADE BY WINMAGIC IN RESPECT TO THE SOFTWARE PACKAGE, ANY SUPPORT FOR THE SOFTWARE PACKAGE OR THE LICENSE. WINMAGIC MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, WINMAGIC MAKES NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM, COURSE OF DEALING OR TRADE USAGE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.