Simcrest, Technology Solutions That Fit
Service Warranty: The Services shall be performed in a timely and professional manner by qualified software personnel familiar with the Dynamics Software and shall conform to the standards generally observed in the industry for similar services. Services are non-refundable.
WARRANTY LIMITATION: THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. EXCEPTING THE WARRANTY EXPRESSLY ACKNOWLEDGED HEREUNDER, SIMCREST HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY.
Disclaimer of Dynamics Software Warranty: SimCrest specifically disclaims any and all warranties and refunds as to the Dynamics Software. Customer acknowledges that SimCrest is a reseller of the Dynamics Software and all warranties and refunds are the responsibility of Microsoft and not SimCrest.
Indemnification: Customer shall release, defend, indemnify and hold harmless SimCrest (including employees, consultants, agents, and subcontractors of SimCrest) from and against any claims, refunds, damages or liability arising from the negligence of Customer; any breach by Customer of its obligations hereunder; any use, reproduction or modification of the Dynamics Software by Customer or customers of Customer; and any promotion, marketing, demonstration or distribution of the Dynamics Software by Customer.
Reliance: Unless advised to the contrary in writing at the time of disclosure, SimCrest shall be entitled to rely on any information provided by Customer as true and correct and Customer shall indemnify SimCrest for any and all damages, liabilities, refunds and costs resulting from such reliance.
Limitation of Damages: SimCrest shall not be liable to Customer under this Agreement or in connection with the Dynamics Software for any lost profits or consequential, exemplary, incidental or punitive damages, regardless of whether SimCrest has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. In addition, under no circumstances will SimCrest be liable to Customer for any data loss whatsoever.
Force Majeure: SimCrest shall not be liable for any failure to perform its obligations under this Agreement because of circumstances beyond the control of SimCrest, which such circumstances shall include (without limitation) natural disaster, terrorism, labor disputes, war, declarations of governments, transportation delays, computer failure, telecommunications failure, and misuse of the Dynamics Software by Customer.
