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MICROSOFT®, POWERPOINT®, WINDOWS®, WINDOWS 95® AND WINDOWS NT® are trademarks owned by Microsoft® Corporation. VISUAL THUNDER® and MUDDYSHOES SOFTWARE, LLC ARE NOT AFFILIATED, CONNECTED OR ASSOCIATED WITH MICROSOFT® CORPORATION AND VISUAL THUNDER® SOFTWARE IS NOT SPONSORED OR APPROVED BY MICROSOFT® CORPORATION.
All other trademarks within are property of their respective companies.
© 2002 Muddy Shoes Software, LLC. All rights reserved.
LIMITED WARRANTY AND DISCLAIMERS. Muddy Shoes warrants to you that, for a period of thirty (30) days from the date on which the Licensed Software is received by you from Muddy Shoes or its authorized distributor (the Limited Warranty Period): (i) the CD-Rom on which this copy of the Licensed Software is distributed will be free from defects in materials and workmanship under normal use; (ii) the Licensed Software will function substantially in accordance with the printed documentation distributed with it by Muddy Shoes provided that it is installed and used in accordance with such documentation; and (iii) to the best of Muddy Shoes knowledge, your use of the Licensed Software in accordance with its printed documentation will not, in and of itself, infringe any third partys copyright, patent or other intellectual property right. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDLESS OF WHETHER MUDDY SHOES KNOWS OR HAS REASON TO KNOW OF YOUR PARTICULAR NEEDS. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, THE LICENSED SOFTWARE IS BEING PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. No employee, agent, or distributor of Muddy Shoes is authorized to modify this limited warranty or make any additional warranties. No action for breach of this limited warranty may be commenced more than one (1) year after the end of the Limited Warranty Period. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Limited Remedy. Muddy Shoes sole obligation, and your exclusive remedy, in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph. In such event, you shall call the help line for Muddy Shoes at 1-847-381-3695 during normal business hours on business days. If the limited warranty issue cannot be resolved by the help line, you shall return all copies of the Licensed Software to Muddy Shoes at the address set forth below, and include proof of the date on which this copy of the Licensed Software was delivered to you, such as a copy of your receipt or an invoice. Muddy Shoes will, at its option, either (i) ship you a replacement copy of the Licensed Software on non-defective media at Muddy Shoes expense; or (ii) refund your license fee in full.
Limitation of Liability. IN NO EVENT SHALL MUDDY SHOES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF THE LICENSED SOFTWARE, REGARDLESS OF WHETHER MUDDY SHOES KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IN NO EVENT WILL MUDDY SHOES LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR THE LICENSED SOFTWARE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE.