DAMAGES -- Except for the "Right of
Replacement or Refund" described in paragraph 1.F.3, the Project Gutenberg
Literary Archive Foundation, the owner of the Project Gutenberg{~TRADE MARK SIGN~}
trademark, and any other party distributing a Project Gutenberg{~TRADE MARK SIGN~}
electronic work under this agreement, disclaim all liability to you for
damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE
NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH
OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE
FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT
WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY
OF SUCH DAMAGE.
1.F.3.
LIMITED RIGHT OF REPLACEMENT OR REFUND -- If you discover a defect in this
electronic work within 90 days of receiving it, you can receive a refund
of the money (if any) you paid for it by sending a written explanation to
the person you received the work from. If you received the work on a
physical medium, you must return the medium with your written explanation.
The person or entity that provided you with the defective work may elect
to provide a replacement copy in lieu of a refund. If you received the
work electronically, the person or entity providing it to you may choose
to give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may demand a
refund in writing without further opportunities to fix the problem.
1.F.4.
Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you 'AS-IS,' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
1.F.5.
Some states do not allow disclaimers of certain implied warranties or the
exclusion or limitation of certain types of damages. If any disclaimer or
limitation set forth in this agreement violates the law of the state
applicable to this agreement, the agreement shall be interpreted to make
the maximum disclaimer or limitation permitted by the applicable state
law. The invalidity or unenforceability of any provision of this agreement
shall not void the remaining provisions.
1.F.6.
INDEMNITY -- You agree to indemnify and hold the Foundation
|