KWIKPOP INC. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by KWIKPOP INC. shall be substantially as described in applicable written materials provided to you by KWIKPOP INC., and support engineers will make commercially reasonable efforts to solve any problem issues. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

Except as expressly provided otherwise in an agreement between you and KWIKPOP INC,all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.

KWIKPOP INC. SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF KWIKPOP INC.

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, TS LEASING GROUP INC. (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/ OR ANY THIRD PARTY.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, KWIKPOP INC and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services.

This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall KWIKPOP INC. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if KWIKPOP INC has been advised of the possibility of such damages.

In any case, KWIKPOP INC.'s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00; provided, however, if you have entered into a KWIKPOP, INC. Support Services Agreement, KWIKPOP, INC 's entire liability regarding Support Services shall be governed by the terms of that agreement.