Except As Expressly Provided Otherwise in a written agreement between licensor, sub-licensor and you (and users), the licensed software products are now provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, licensor and/ or sub-licensor makes no warranty that

1. The licensed works will meet your requirements,
2. The use of the licensed works will be uninterrupted, timely, secure, or error-free,
3. The results that may be obtained from the use of the licensed works will be accurate or reliable,
4. The quality of the licensed works will meet your expectations, (V) any errors in the licensed works will be corrected, and/or
5. You may use, practice, execute, or access the licensed works without violating the intellectual property rights of others. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

 If indian law is not held to apply to this agreement for any reason, then in jurisdictions where warranties, guarantees, representations, and/or conditions of any type may not be disclaimed, any such warranty, guarantee, represenation and/or warranty is:

1. Hereby limited to the period of either
   1. Thirty (30) days from the date of opening the package containing the licensed works or
   2. The shortest period allowed by law in the applicable jurisdiction if a thirty (30) day limitation would be unenforceable; and
2. Licensor's and/ or sub-licensor's sole liability for any breach of any such warranty, guarantee, representation, and/or condition shall be to provide you with a new copy of the licensed works.

In no event shall licensor and/ sub-licensor be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not licensor had been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the licensed works. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Any hardware equipment which forms the part of the package may or may not be covered under warranty at the sole discretion of PXL Soft unless specified separately vide some other agreement.

Limitation of warranties and liability:

Except for the express warranty above, the software and product are provided on an "as is" basis, without any other warranties or conditions, express or implied, including without limitation warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, or course of dealing. the entire risk as to the results and performance of the product is assumed by you. Neither we nor anyone else who has been involved in the creation, production, or delivery of the product shall have any liability to you or any other person or entity for any direct, incidental, special, or consequential damages whatsoever, including without limitation loss of revenue or profit, lost or damaged data or other commercial or economic loss. Even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you shall not exceed the amount paid by you for the product. no limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some jurisdictions do now allow the exclusion or limitation of direct incidental or consequential damages, so the above limitation may not apply to you.

Limited Liability:

The liability for Malfunctioning / Manufacturing defect of Dg Foto Art  or USB Dongle  (Hardware Lock) is limited to the purchase price paid or prevailing Maximum Retail Price (M.R.P) whichever is less. There is no liability for any consequential damages arising out of same on M/s PXL Soft.

Limit of Liability: In no event will M/s PXL Soft be liable to you for any loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if M/s PXL Soft has been advised of the possibility of such loss.

Lost / Misplace of USB Dongle (Hardware Lock):

In case of USB Dongle (Hardware Lock) being Lost / Misplace, in such a scenario no replacement will be provided from M/s PXL Soft. A new USB Dongle (Hardware Lock) will be provided after we receive M.R.P. of Dg Foto Art Product + Shipping charge + Bank charge if any.

Warranty of USB Dongle (Hardware Lock):

Warranty period for Dg Foto Art is One Year from the date of purchase. During warranty period replacement of USB Dongle (Hardware Lock) will be free subject to receipt of same. However cost of shipping / handling will be borne by user.

In case of physical damage on the USB Dongle (Hardware Lock), warranty will be void and a replacement dongle will be shipped to you on receipt of Dongle charges as per company pricing policy + Shipping charges as per actual + Bank Charges if any to PXL Soft’s bankers.

Advance replacement of USB Dongle (Hardware Lock) will not be done under any circumstances.

Post Warranty replacement of USB Dongle (Hardware Lock):

After completion of Warranty period i.e. one year from date of purchase, USB Dongle (Hardware Lock) will be replaced after receipt of Prevailing replacement Charges + Shipping charge + Bank charge if any subject to availability of stock & against receipt of faulty USB Dongle.

CONTACT INFORMATION

You can contact us at:   
PXL Soft

19 Waterloo Road Smethwick
Birmingham B66 4JX
UK.

Sales : +44 (0)121 3144338
Fax : +44 (0)121 3145561
E-mail : sales@pxlsoft.co.uk