LEGAL
THEORY ASSERTED, EVEN IF MEDQUIST HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
13.
ALL NON-BRANDED SOFTWARE AND NON-BRANDED DOCUMENTATION ARE PROVIDED
HEREUNDER ON AN "AS IS".
NON-MEDQUIST MANUFACTURERS OR SUPPLIERS MAY PROVIDE
WARRANTIES FOR THEIR SOFTWARE OR DOCUMENTATION AND ALL WARRANTY QUESTIONS OR
PROBLEMS WITH RESPECT TO SUCH SOFTWARE OR DOCUMENTATION SHOULD BE ADDRESSED
DIRECTLY TO SUCH NON-MEDQUIST MANUFACTURER OR SUPPLIER.
CUSTOMER EXPRESSLY
ASSUMES ALL LIABILITY FOR ALL AND ANY LOSSES, DAMAGES, AND COSTS (INCLUDING
COURT COSTS AND LEGAL FEES) IN CONNECTION WITH, OR RELATED TO, SUCH NON-BRANDED
SOFTWARE OR NON-BRANDED DOCUMENTATION.
THE ENTIRE RISK AS OT THE QUALITY OR
PERFORMANCE OF SUCH NON-BRANDED
26
SOFTWARE OR NON-BRANDED DOCUMENTATION IS WITH CUSTOMER.
14.
LIMITATION OF REMEDY.
A.
IF ANY SOFTWARE IS FOUND TO BE DEFECTIVE WITHIN THE WARRANTY
PERIOD, MEDQUIST'S ONLY OBLIGATION AND CUSTOMER'S EXCLUSIVE AND SOLE REMEDY, AS
MEDQUIST MAY CHOOSE IN MEDQUIST'S SOLE BEST JUDGMENT, SHALL BE EITHER (A) THE
REPAIR OR REPLACEMENT OF SUCH DEFECTIVE SOFTWARE BY MEDQUIST, OR (B) THE RETURN
OF SUCH DEFECTIVE SOFTWARE TO MEDQUIST AND A REFUND TO CUSTOMER OF ITS LICENSE
FEE.
CUSTOMER ACKNOWLEDGES AND AGREES THAT MEDQUIST'S RIGHT TO REFUND
CUSTOMER'S LICENSE FEE SHALL NOT BE DIMINISHED OR RESTRICTED IN ANY WAY OR FOR
ANY REASON.
THE PROVISION OF SUCH REMEDY SHALL BE CONDITIONED UPON
NOTIFICATION, AND SUBSTANTIATION AS MAY BE REQUIRED BY MEDQUIST, THAT SUCH
SOFTWARE HAS BEEN STORED, INSTALLED, MAINTAINED, AND OPERATED IN ACCORDANCE WITH
MEDQUIST'S RECOMMENDATIONS OR STANDARD INDUSTRY PRACTICE.
UNLESS OTHER WISE
DIRECTED BY MEDQUIST, ALL SUCH DEFECTIVE SOFTWARE SHALL BE RETURNED TO
MEDQUIST'S WAREHOUSE, OR TO SUCH OTHER LOCATION AS MEDQUIST SHALL SELECT, ALL AT
MEDQUIST'S EXPENSE.
B.
EXCEPT FOR MEDQUIST'S OBLIGATIONS SET OUT IN SECTION 14 (A)
ABOVE, MEDQUIST SHALL HAVE NO OBLIGATION, LIABILITY, OR RESPONSIBILITY TO
CUSTOMER OR ANY OTHER PARTY WITH RESPECT TO ANY CLAIM OR CAUSE OF ACTION ARISING
IN CONNECTION WITH, OR RELATED TO THIS EULA, WHETHER LEGAL OR EQUITABLE,
INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR CAUSE OF ACTION IN CONTRACT OR IN
TORT (WHETHER IN NEGLIGENCE OR IN STRICT LIABILITY).
CUSTOMER ACKNOWLEDGES AND
AGREES MEDQUIST'S TOTAL OBLIGATION AND LIABILITY FOR ANY SUCH CLAIM OR CAUSE OF
ACTION SHALL BE LIMITED TO AN AMOUNT IN THE AGGREGATE WHICH SHALL NOT EXCEED THE
TOTAL PRICE PAID BY CUSTOMER FOR THE SPECIFIC SOFTWARE OR DOCUMENTATION WHICH
ARE THE SUBJECT MATTER OF AN DIRECTLY RELATED TO SUCH CLAIM OR CAUSE OF ACTION.
CUSTOMER EXPRESSLY ASSUMES ALL LIABILITY FOR ALL AND ANY LOSSES, DAMAGES, AND
COSTS (INCLUDING COURT COSTS AND LEGAL FEES) IN EXCESS OF SUCH AMOUNT.
NO CLAIM
OR CAUSES OF ACTION, REGARDLESS OF FORM, MAY BE BROUGHT MORE THAN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
C.
THE PURPOSES OF THE ABOVE STATED REMEDY IS TO CORRECT ANY
DEFECTS OR TO REFUND THE LICENSE FEE PAID.
CUSTOMER ACKNOWLEDGES AND AGREES
THAT SUCH EXCLUSIVE REMEDY IS AN ESSENTIAL TERM IN THE BARGAIN REPRESENTED BY
THIS EULA AND THAT SUCH REMEDY SHALL, IN VIEW OF THE CONSIDERATION PAID TO