4.1          ProSlide warrants that the Software will perform substantially in conformance with the Documentation during the Warranty Period. ProSlide does not warrant that the Software will be uninterrupted or error-free or that defects will be corrected.

4.2          In the event that during the Warranty Period the Software fails to perform substantially in accordance with the Documentation, materially affects safety or service and/or prevents beneficial use of the Software, subject to Your prompt notice of non-conformity to ProSlide, ProSlide will use commercially reasonable efforts to correct the problem within a reasonable period of time. ProSlide shall have the right to inspect and test the Software to determine, in its reasonable opinion, whether the nonconformity is covered under the Software warranty. If ProSlide is unable to resolve the problem, ProSlide will in its sole discretion, either: (a) replace or update the Software (including the application of related and available bug fixes), or (b) install a new release of the Software when it becomes generally available. The foregoing is ProSlide’s entire liability and Your sole and exclusive remedy under the above limited warranty.

4.3           The limited Software warranties provided to You under this Agreement shall become void if one of the following occurs: (a) the Software is not used properly in accordance with the Documentation or is otherwise abused, misused, damaged, vandalized or negligently serviced, (b) Your improper maintenance or operation, (c) the Software is installed, integrated or used in combination with products that are not approved by ProSlide, (d) any unauthorized modification, or (e) You breach a material term of this Agreement.

4.4          For clarity, all of ProSlide’s warranty obligations under this Section are subject to Your ongoing obligation, at Your own cost and expense, to perform ordinary and necessary inspections and maintenance of the ProSlide Water Ride(s) as prescribed by in the Documentation, outlined in ASTM F24 and F2376 (North American versions) and what is normal, usual and customary industry practice.  You hereby acknowledge Your obligations as expressed hereunder and that Your failure to perform such ordinary and necessary inspections and maintenance, as set out above, shall void the warranty as a whole under this section and render ProSlide free from any obligations thereon.

4.5          TO THE FULL EXTENT PERMITTED BY LAW, PROSLIDE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND THIS IS SO ACKNOWLEDGED BY YOU.

4.6          All limited warranties are void if failure of the Software has resulted from Acts of God, accident, abuse, misapplication or electrical surge or any other cause beyond ProSlide’s control.

4.7          ProSlide does not warrant or represent that the Software is immune from fraudulent or unauthorised intrusion or use (including its use to interconnect to long distance networks, computer virus and/or other malicious code of whatever nature) and accordingly ProSlide will not be liable for any loss, damage, cost or expense directly or indirectly occasioned thereby.