Editing Restoration of Erathia Manual Page 144

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90 Day Limited Warranty

THE 3DO COMPANY LIMITED 90-DAY WARRANTY

The 3DO Company (“3DO”) warrants to the original consumer purchaser of this 3DO software product that the compact disc on which the

underlying computer program is recorded is free from defects in materials and workmanship under normal, recommended use for ninety (90)

days from the date of purchase. The 3DO software program recorded on such a medium is sold on an “as is” basis, without any warranty

or condition of any kind, and 3DO shall not be liable for any losses or damage of any kind or nature resulting from the use or inability

to use such program.

3DO’s entire liability and the original consumer purchaser’s exclusive remedy for breach of any warranty (express or implied) shall be, at

3DO’s option, either: (a) to replace, free of charge, this 3DO software product, or (b) to return to the original consumer purchaser the

price paid for this 3DO software product. The preceding warranty shall not be applicable and 3DO shall not be obligated to replace this

3DO software product or to return any such sum to the original consumer unless this 3DO software product is returned within the

90-day warranty period, postage pre-paid with proof of purchase to The 3DO Company, 600 Galveston Drive, Redwood City, CA 94063,

Attn.: Customer Support Dept., and the preceding warranty shall be void if any defect in this 3DO software product arises through

accident, negligence, use in any application for which this 3DO software product was not designed or intended, modification without the prior

consent of 3DO, any cause external to the product (e.g., heat), or by any other cause unrelated to defective materials or workmanship.

EXCEPT FOR THE LIMITED WARRANTY SET FOR ABOVE, ALL OTHER REPRESENTATIONS, WARRANTIES,

CONDITIONS, TERMS AND OBLIGATIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE

AND/OR NON-INFRINGEMENT REGARDING THIS 3DO SOFTWARE PRODUCT (RELATING TO EITHER THE

COMPACT DISC, THE SOFTWARE OR OTHERWISE) ARE EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY

APPLICABLE LAW.

3DO neither assumes nor authorizes any other person or entity to assume for 3DO (or any related or affiliated entity) any other liability

in connection with this 3DO software product.

IN NO EVENT SHALL 3DO BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF

PROFITS), SPECIAL AND/OR OTHER DAMAGES OF ANY KIND OR NATURE RESULTING FROM THE

PURCHASE, POSSESSION, USE, OR INABILITY TO USE THIS 3DO SOFTWARE PRODUCT, EVEN IF 3DO HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL 3DO’S LIABILITY

TO THE ORIGINAL CONSUMER PURCHASER EXCEED THE AMOUNT ACTUALLY PAID FOR THIS 3DO

SOFTWARE PRODUCT. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN

IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT

APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER

RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

3DO has endeavored to ensure that the end user manual and promotional materials regarding this 3DO software product accurately

reference the product. However, because of ongoing improvements and updating of 3DO software products, 3DO cannot guarantee the

accuracy of printed materials after the date of publication, and 3DO disclaims any loss, liability and/or damages, whether in contract, tort

or otherwise, arising out of or resulting from the manual and promotional materials, including, without limitation, any loss or liability

resulting from changes, errors or omissions with respect to any of such items.


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