Warranty

Voynex warrants to Customer that Products shall, under normal use and service, during Warranty Period, perform in all material respects in accordance with the published specifications for such Software as established by Voynex. However, Voynex does not warrant that the Software will operate uninterrupted or error free.

Throughout the duration of the warranty, Voynex will support its software with 12x7 online support and access to all minor and maintenance releases for Customer purchased software. All support requests are answered within 24 hours interval.

Warranty Period

Unless a different period is specified in the applicable order, the warranty periods for Products are as follows:

Software and software media

All Voynex supplied software carry a ninety (90) day software warranty commencing from the date software is invoiced and the original shipped from us to you (the "Warranty Period").

Installation services

Thirty (30) days from the performance of the installation services.

Remedies

Software

Voynex's obligation and Customer's sole and exclusive remedy under this Software Warranty is limited to, at Voynex's option, either

1. correcting the material errors or defects that result in material non-compliance with the user's manuals and which Voynex is able to reproduce, reported to Voynex in writing by Customer during the Warranty Period.
2. replacing such defective Software, provided that Voynex received written notice of such defect within the Warranty Period.
3. provided that Voynex received written notice of such defect within the Warranty Period, terminating the License and, upon return to Voynex of the Software, Documentation and all other materials provided by Voynex under the applicable License, providing Customer with a refund of all charges paid with respect thereto.

Installation services

To the extent that Voynex has not performed installation services in conformance with the above warranty, and Voynex receives notice from Customer identifying the non-conformance within thirty (30) days of its occurrence, Voynex will reperform the non-conforming installation services. If Voynex determines that reperformance is not commercially reasonable, Voynex will refund to Customer the Fees for the non-conforming installation services and the applicable Product upon return of the Product.

Warranty Restrictions

Voynex shall have no warranty obligations hereunder if

1. Voynex's examination can disclose that such defects do not actually exist.
2. software has been altered or merged with other software, except by an authorized Voynex, Inc. Employee or Representative.
3. software has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Voynex, Inc.
4. software has been subjected to abnormal physical or electrical stress, misuse, negligence, accident, or damage caused by an Act of God.

Limitations

This is our entire warranty and is given in lieu of all other possible warranties, either express or implied, including warranties of merchantability and of fitness for a particular purpose. By accepting delivery of the software, Purchaser/User waives all other possible warranties, except those specifically given.

Disclaimers

IN NO EVENT SHALL VOYNEX BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOSS OR INJURY ARISING OUT OF OR RELATING IN ANY WAY TO ANY DEFECT IN OR FAILURE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, CLAIMS BASED UPON LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, REVENUE OR SAVINGS, LOST GOODWILL, ENVIRONMENTAL DAMAGE, INCREASED EXPENSES OF OPERATION, OR CLAIMS OF THE CUSTOMER OR CUSTOMER'S CUSTOMERS, WHETHER OR NOT BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND IT IS AGREED THAT REPAIR OR REPLACEMENT, IN ACCORDANCE WITH THE FOREGOING WARRANTY, IS SOLE LIABILITY OF VOYNEX AND BUYER'S SOLE REMEDY FOR SUCH LIABILITY, LOSS, DAMAGE, OR INJURY. VOYNEX'S MAXIMUM LIABILITY UNDER THIS WARRANTY SHALL NOT EXCEED THE PAID PRICE FOR THE SOFTWARE UPON WHICH SUCH LIABILITY IS BASED AND ALL SUCH LIABILITY SHALL TERMINATE NO LATER THAN ONE YEAR FROM THE DATE OF DELIVERY OF THE SOFTWARE. ANY ACTION AGAINST VOYNEX MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE PARTIES EXPRESSLY AGREE THAT THE PRODUCTS ARE NOT CONSUMER GOODS.