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Flowis Limited Warranty and Disclaimer

1. Definitions

  • (a) “Flowis” means Flowis, s.r.o, a corporation with its principal place of business at Bottová 2/A, 811 09 Bratislava (Slovak Republic).
  • (b) “Approved Source” means (i) Flowis or (ii) the Flowis authorized reseller, distributor or systems integrator from whom you acquired the Software.
  • (c) “Documentation” is Flowis user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source.
  • (d) “Software” means Flowis computer programs, and any Upgrades made available to You by an Approved Source and licensed to You by Flowis.
  • (e) “You” and “Your” means the individual or legal entity licensing the Software under the Flowis End User License Agreement.

1. Limited Warranty

Flowis warrants that the Software will materially conform to the applicable Documentation for the period of the contract following the date the Software is made available to You for your Use

This warranty does not apply if the Software:

  • -has been altered, except by Flowis or its authorized representative,
  • -has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Flowis,
  • -has been subjected to abnormal treatment, abnormal environmental conditions, misuse, negligence, or accident;
  • -is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which Flowis does not receive a payment of a purchase price or license fee;
  • -has not been provided to Your by an Approved Source.

Flowis will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data.

2. Exclusive Remedy

Flowis will, at its option: (a) use commercially reasonable efforts to remedy the non‑conformity; (b) provide a workaround; or (c) if functionality is materially degraded and cannot be remedied within a reasonable time, refund fees paid for the affected Software for the three (3) months preceding Your notice. Remedy conditioned on timely written notice within the Warranty Period and reasonable assistance. For perpetual licenses, any refund shall not exceed amounts paid for the specific license.

3. Disclaimer

Except as expressly set forth above, Flowis and its licensors provide Software “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Flowis does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, Flowis does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

4. Limitations and Exclusions of Liability.

In no event will Flowis or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages:

  • -indirect, incidental, exemplary, special or consequential damages;
  • -loss or corruption of data or interrupted or loss of business;
  • -loss of revenue, profits, goodwill or anticipated sales or savings.

All liability of Flowis, its directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.

5. Governing Law, Jurisdiction and Venue

Unless the parties expressly agree otherwise in another agreement governing their contractual relationship, these Flowis Limited Warranty Terms shall be governed by the laws of the Slovak Republic.