HDA will undertake commercially reasonable efforts to provide technical assistance under this agreement, but do not guarantee that all problems will be solved or that any item will be error-free.
HDA may, from time to time, discontinue products and versions or discontinue any or all support services. HDA also reserve the right to terminate service to any individual who abuses any support program including, but not limited to sharing customer identification numbers with others.
HDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE OR ANY SERVICES HDA MAY PROVIDE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING BY STATUTE, LAW OR TRADE DEALING OR USAGE. ALL MATERIALS AND SERVICES ARE PROVIDED “AS IS.”
HDA IS NOT LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON (INCLUDING LOSS OF TIME, LOSS OF DATA OR SOFTWARE, LOSS OF PROFITS OR LOSS OF REVENUE) EVEN IF IIT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND OUR LIABILITY IN ALL EVENTS WILL NOT EXCEED THE SUPPORT FEES THAT YOU HAVE PAID UNDER THIS AGREEMENT.
HDA has the right to use and treat as non-confidential any information you may give HDA during your use of our support program unless you specify in writing the fact that certain material should be treated as being confidential.
This is the full and final agreement between you and HDA, and it supersedes any promises, representations or agreements relating to the subject of this agreement. This agreement may be changed only if you and HDA’s authorized representative do so in writing. No inconsistent, additional, or pre-printed terms on your purchase order or other business form apply.