Knowledge Base

6. Warranty

6.1. Noldus warrants that the Software as of the date of delivery to the End-User by Noldus or its Authorized Partner, the Software will, for a period of 90 days ("Warranty Period") materially conform to the specifications set out in the user documentation accompanying the Software ("Specifications"), provided that:

• The Software is properly installed on a supported computer platform (as defined in documents that can be accessed on https://my.noldus.com) and used in accordance with the provisions of the accompanying user documentation and/or any Noldus-approved training course.
• Noldus is notified in writing within 14 days after any non-conformity of the Software was known or should reasonably have been known to End-User and the End-User has made available all the information that might reasonably be required to allow Noldus to investigate, recreate and where possible remedy a non-conformity.
• The Software has not been (a) altered, repaired or modified by any party other than Noldus or a third party provider approved by Noldus; or (b) used with software or a computer platform other than set out in the documents that can be accessed on https://my.noldus.com or have been subjected to negligence, or computer or electrical malfunction; or (c) were used, adjusted, or installed other than in accordance with instructions by Noldus.

6.2. Other than set out in Section 6.1, no warranties are expressed or implied with respect to Software or any element thereof, including without limitation its quality, performance, accuracy, merchantability or suitability or fitness for any purpose, whether or not that purpose has been communicated by End-User to Noldus. The Software is a general product developed by Noldus for a wide range of solutions, requirements and situations and End-User is responsible for purchasing the Software required for his needs. Noldus explicitly does not warrant that the Software shall be entirely without error or fault nor that it will operate without interruption. End-User agrees that such errors, faults or interruptions shall not be deemed material and cause to terminate this EULA.

6.3. The warranty by Noldus set out in Section 6.1 applies only to the first installation of the Software and will not apply, resume or renew upon delivery or installation of any subsequent update or upgrade to the Software, alteration in the number of EULA's granted for use of the Software, or any other extensions, upgrades or alterations to the Software where the Software has previously been delivered to or installed by the End-User.

6.4. The warranty by Noldus set out in Section 6.1 shall further not apply to Software that is licensed or otherwise made available at no cost, or Software that is designated as 'prototype', 'alpha' or 'beta' code, all of which are provided 'as is' and without warranty, representation or liability.

6.5. Upon receipt of an End-User's written notice of the Software not conforming to the Specifications during the Warranty Period, Noldus shall at its option and in its sole discretion (i) assist the Customer in correcting or replacing the non-conforming Software or, (ii) terminate the EULA immediately and refund the purchase price paid by the End-User. The remedies described above shall be End-User's sole and exclusive remedies. Upon expiration of the Warranty Period, Noldus shall have no obligation to provide such remedies.

6.6. Noldus and Authorized Partners, are not responsible for maintaining or supporting use of the Software or obligated to provide any updates, fixes or support to the Software unless otherwise expressly agreed in writing between End-User and Noldus or the Authorized Partners.

Source: FaceReader 10 Reference Manual (Help), Noldus Information Technology