EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY
All yell123.com materials are provided on a strictly “as is” basis. Yell123.com does not assure or warrant the correctness, comprehensiveness or completeness of the Yell123.com materials and except as explicitly provided for below, Yell123.com expressly disclaims any and all warranties of any nature, express, implied or otherwise, including but not limited to any implied warranties or merchantability, non-infringement, and/or fitness for a particular purpose. In lieu of any and all such warranties, Yell123.com offers to you the following limited warranty. You shall have 14 days after receipt of the Yell123.com materials, to inspect it and notify Yell123.com of any problems or mistakes. If Yell123.com had made a material mistake, then Yell123.com will correct the mistake at no additional charge. If you don’t notify Yell123.com of any problems or mistakes within the 14 day period Yell123.com shall have no obligation whatsoever to you. You expressly agree that Yell123.com shall not be liable for losses, damages, or injuries of any kind, including but not limited to general, direct, special, incidental, and/or consequential damages caused in whole or in part by the use of the Yell123.com materials whether such damages are asserted in an action brought in contract, in tort or pursuant to some other theory and whether the possibility of such damages was made know or was foreseeable or should this limited warranty fail of its essential purpose. In no event shall Yell123’s entire liability excess the total amount you paid to Yell123.com under this agreement.
The client/licensee acknowledges that this agreement constitutes the entire agreement of the parties and that the client/licensee does not rely upon representation that has been made by or on behalf of Yell123.com other than those set out herein.
1. In this document: “License agreement” means the agreement contained in and evidenced by this document. “The licensor” means Yell123. “The licensee” means the person or corporation who has ordered and paid for data supplied on this diskette/CDROM/email zip file. “The product” means Yell123.comelectronic databases on diskette/CDROM/email zip file, on self adhesive labels, label masters, reports, or in any other form.
2. The parties acknowledge: the licensor is the sole proprietor of the Product and retains copyright in the Product at all times; in consideration of payment by the Licensee of the License Fee, the Licensor licenses the Licensee to use the Product subject to the terms and conditions set out herein; the Licensor does not offer to install the Product for the Licensee nor does it offer telephone support for use of the Product by the Licensee; each copy of the Product ordered by the Licensee is ordered under a separate license agreement subject to the terms and conditions hereof. The licensee has not been induced to enter into the License Agreement by any warranty or representation whatsoever except such as are expressly contained herein. Upon downloading or use of the Product the Licensee is deemed to accept the terms and conditions of this License Agreement and to agree to be bound by them.
3. The parties agree:
(a) The Licensor shall license the Licensee to use the Product subject only to these terms and conditions and that no servant or agent of the Licensor nor any other person has any power to waive or vary any of these terms and conditions unless such waiver or variation is in writing.
(b) If any provision or part of any provision hereof is unenforceable such unenforceability shall not affect any other part of such provision or any other provision hereof.
4. The licensee may use the electronic Product on a single computer only, or move it from one computer to another and use it on that other computer after having removed the data from the first computer.
8. The Licensee may not on-sell, transfer, lease or otherwise assign the Product to another party.
9. In no event will the Licensor be liable to the Licensee for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the Licensee’s use or inability to use the Product or for any such claim by any other party, whether or not the same occurs in the course of performance by or on behalf of the Licensor of this License Agreement or in events which are in the contemplation of the Licensor and/or the Licensee or in events which are foreseeable by them or either of them or in events which could constitute a fundamental breach of this License Agreement or a breach of a fundamental term thereof.
10. It is the express responsibility of the client and their agent/s to check any and all data before mailing against client and agent specifications.
11. Notwithstanding anything herein contained, to the fullest extent permitted by law the Licensor hereby expressly excludes all conditions and warranties implied by statute or otherwise and, subject to qualifications contained in Section 68A of the Trade practices Act 1974 (hereinafter called “the Act”) and to the extent permitted thereby, the Licensor hereby limits its liability for breach of a condition or warranty (other than a condition or warranty implied by Section 69 of the Act) implied by the Act to:-
(a) in case of goods:
i. the replacement of the goods, or the supply of equivalent goods;
ii. the repair of goods;
iii. the payment of the cost of replacing the goods;
iv. the payment of the cost of having the goods repaired at the Licensor’s election;
(b) in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.