ACTIFELD
strategic potential
realise your
allowance licence fee, you must certify in writing upon the COMPANY's request that you are (i) a full-time, non-profit, tax-exempt school, college or university whose primary purpose is to provide instruction to an enrolled body of students through a full-time faculty, licensed by an appropriate state authority to confer degrees or diplomas which are recognised as qualifying the student to pursue a course of higher education (an "Eligible Institution"), or (ii) a full-time student at an Eligible Institution, or (iii) a full-time faculty member at an Eligible Institution.
LIMITED WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY. The COMPANY warrants that the SOFTWARE will perform substantially in accordance with those techniques described in the current edition of Practical Strategy: Structured Tools and Techniques (Pearson Education, 2004 and subsequently) which are stated in the accompanying manual to be supported, and subject to minor limitations as specified in 'help about' in the software, for a period of ninety (90) days from the date of receipt. The COMPANY's entire liability and your exclusive remedy shall be, at The COMPANY's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet The COMPANY's limited warranty and that is returned to The COMPANY with a copy of your receipt. This limited warranty is void if failure of the SOFTWARE is (a) due to hardware failure or other cause within your reasonable control; (b) caused by use of the SOFTWARE other than in accordance with the accompanying documentation or other instructions provided by The COMPANY to you; (c) caused by a failure of, or defect in, or change to any software provided by you or a third party operating on or in connection with the SOFTWARE; (d) modified, altered or changed (except by The COMPANY); or (e) damaged by accident or misuse other than as permitted in this licence. THE FOREGOING WARRANTY AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY COMPANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM LOSS OF USE, DATA OR PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED IN ADVANCE OF SUCH LOSS, COST OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY FOR DAMAGES IN ANY FORM EXCEED THE LICENCE FEES PAID FOR THE SOFTWARE THAT CAUSED THE
