NO ASSORT WARRANTY. EXCLUSIONS AND LIMITATIONS
IMPORTANT NOTICE - SOME LAWS GIVE STATUTORY RIGHTS REGARDLESS OF THESE TERMS. SEE §5 BELOW ABOUT THESE
Assort does not offer or agree to any terms, whether they be a warranty or a condition and whether they be express, implied or otherwise, in any way relating to the Software (whether to its supply, or to any services relating to the Software or otherwise) which are not expressed in these 14 clauses and all such terms are excluded. You agree to notify Assort in writing within seven (7) days of becoming aware of any concerns you may have about the Software (for example possible non-conformance with specifications).
ASSORT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST ASSORT IN ANY WAY RELATING TO THE SOFTWARE (WHETHER TO ITS SUPPLY, TO ANY SERVICES RELATING TO THE SOFTWARE OR OTHERWISE), WHETHER FOR BREACH OF THESE TERMS, FOR ASSORT’S ALLEGED NEGLIGENCE OR OTHERWISE SHALL BE LIMITED, FOR ALL CLAIMS IN AGGREGATE, TO PAYMENT OF THE SUM OF AU$10.00, OR SUCH OTHER REMEDY OF ASSORT’S CHOOSING AS ASSORT CONSIDERS IS OF EQUAL OR GREATER VALUE WHICH, BY WAY OF ILLUSTRATION, MIGHT BE (A) RETURN OF ANY AND ALL LICENSE FEES PAID BY YOU FOR THE PERIOD IN FORCE WHEN YOUR RIGHT TO MAKE A CLAIM AROSE OR (B) REPAIR OR REPLACEMENT OF ANY LICENSED COPY OF THE SOFTWARE.
YOU AGREE THAT ALL RISKS IN RESPECT OF THE SOFTWARE, ANY RELATED MATERIAL, ANY SOFTWARE SUPPORT AND ANY OTHER GOODS OR SERVICES WHICH ASSORT MAY PROVIDE REMAINS WITH YOU AND YOU AGREE THAT ASSORT HAS NO DUTY TO INFORM YOU OF ANY RISKS WHATSOEVER.
IN NO EVENT SHALL ASSORT OR ANY RELATED COMPANY OF ASSORT OR ANYONE ASSOCIATED WITH EITHER OF THEM (INCLUDING ANY PERSON ACTING ON ITS BEHALF) BE LIABLE FOR ANY LOSS RELATING TO THESE TERMS.
“LOSS” IN THE FOREGOING INCLUDES CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER, WHETHER FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE,
“LOSS RELATING TO THESE TERMS” IN THE FOREGOING INCLUDES REFERENCE TO THE USE OF OR INABILITY TO USE THE SOFTWARE, ANY SOFTWARE RELATED MATERIAL, ANY SOFTWARE SUPPORT OR ANY OTHER GOODS OR SERVICES WHICH ASSORT MAY PROVIDE CONNECTED WITH THE SOFTWARE, EVEN IF ASSORT HAS BEEN ADVISED OF THEIR POSSIBILITY.