[1.0]
SystemAid Caribbean Limited (SystemAid) warrants that all Software developed by SystemAid will perform substantially in accordance with the written materials, instructional manuals, reference materials and requirements as documented and agreed upon by both the user/purchaser (client) of the software and SystemAid, are free from defects in materials, workmanship, code bugs and code errors under normal use perpetually from the date of receipt.
[2.0]
If at any time, defects in the software such as code bugs or code errors are detected under normal use, they must be reported to SystemAid.
SystemAid will investigate the report and act as follows:
(1) If it is found and demonstrated that the reported “bug” is due to a coded or design error or any fault in the software, then SystemAid shall seek to fix or correct the “bug” with no charge to the client.
(2) If it is found not to be a coded or design error or any fault in the software, or, if failure has resulted from accident, abuse, or misapplication, then the client will be informed of such, and will be advised of possible charges for correction of the issue according the
maintenance and support policies of SystemAid.
[3.0]
SystemAid does not warrant, guarantee, or make any representations regarding the use, or the results of the use, non-use, or the results of non-use, of the software or written materials in terms of correctness, accuracy, reliability, currentness, or otherwise. The entire risk as to the results and performance of the software is assumed by the client and not by SystemAid or its distributors, agents or employees.
[4.0]
EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.
[5.0]
NEITHER SYSTEMAID CARIBBEAN LIMITED NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, SALE OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR THE INABILITY TO USE SUCH PRODUCT EVEN IF SYSTEMAID CARIBBEAN LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILTY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LIMITATIONS ON DURATION OF IMPLIED WARRANTY, THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT.
[6.0]
Government Rights
This Software was developed entirely with private funds, and not as part of the performance of a contract with the Trinidad and Tobago Government. The Trinidad and Tobago Government has no special rights with respect to use, duplication or disclosure, other than as provided for in the Agreement.
[7.0]
General
Should any provision of this Agreement be void or not enforceable, the remainder of this Agreement shall continue in full force and effect.
This agreement is governed by the laws of the Republic of Trinidad and Tobago.