Encore Software, Inc. ("Encore") warrants, for your benefit alone, for a period of ninety (90) days from the date of commencement of the End User License Agreement ("EULA") included in the Software (the "Warranty Period") that the Software CD-ROM is free from defects in material and workmanship. If during the Warranty Period, a defect in the Software appears, you may return the Software to Encore for either replacement, or, at Encore's option, a refund of amounts paid by you for a license to the Software. Please contact Customer Service for your replacement or refund at http://support.encore.com/ordersupport/. Any replacement Software will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer.
Such refund or replacement of the Software constitutes your sole and exclusive remedy for a breach of this Limited Warranty. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, neglect or misapplication.
EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.