FAQs

(a)Limited Warranty. Candela warrants that, for ninety (90) days from the date you acquired it from us or our authorized dealer (1) the Software will perform substantially in accordance with the user documentation accompanying the Software, and (2) the media on which the Software is provided to you will be free from defects in materials and workmanship under normal use and service. The limited warranty set forth above shall not apply to any software which Candela determines in good faith has been subject to misuse, neglect, improper installation, repair, alteration or damage by you.
(b)Exclusive Remedies. Candela’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty shall be, at our option, to either (1) return the price you paid, or (2) repair or replace the Software or media that does not meet the foregoing limited warranty if it is returned to Candela with a copy of your receipt. This limited warranty is void if the failure of the Software is caused by accident, abuse, or violation of this Agreement. Any replacement Software will be warranted as above for the remainder of the original warranty period, or thirty (30) days from the date it is shipped to you, whichever is longer. (c) WARRANTY DISCLAIMER. CANDELA DOES NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, CANDELA EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (d) Warranty inquiries may be sent to: Candela Learning Technologies (Pvt) Ltd., No 77 Nungamugoda Road Kelaniya, Sri Lanka.

NOTICE. READ THIS AGREEMENT CAREFULLY. THIS LEGAL DOCUMENT IS AN AGREEMENT (THE “AGREEMENT”)BETWEEN YOU AND CANDELA LEARNING TECHNOLOGIES (PVT) LTD. (CANDELA). CANDELA IS WILLING TO LICENSE TO YOU THE COPY OF THE COMPUTER PROGRAMS, SOFTWARE, DOCUMENTATION, DATA, AND OTHER CONTENT CONTAINED ON THE DVD-ROM THAT YOU HAVE JUST LOADED (THE “SOFTWARE”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT. BY CLICKING THE BUTTON LABELED “YES” THAT IS DISPLAYED BELOW AND INSTALLING THE SOFTWARE FROM THE ENCLOSED DVD-ROM, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CLICK ON THE BUTTON LABELED “NO” DISPLAYED BELOW AND PROMPTLY RETURN THE UNUSED DVD-ROM AND ALL ACCOMPANYING MATERIALS IN THIS PACKAGE, ALONG WITH PROOF OF PAYMENT, TO CANDELA OR TO THE AUTHORIZED DEALER FROM WHOM YOU OBTAINED IT FOR A REFUND OF THE PRICE YOU PAID.

1. Ownership and License.  This is a license agreement and NOT an agreement for sale.  Candela continues to own the Software, including all copies that you are authorized by this agreement to make.  Your rights to use the Software are specified in this Agreement, and Candela retains all rights not expressly granted to you in this Agreement.
2. Right to Install and Use.  You may install and use the Software on one single-user computer in your possession.  The Software is “installed” on a computer when it is placed on a computer’s hard drive, DVD-ROM drive, or any other secondary storage device.  The Software is “in use” on a computer when it is executed or loaded into the computer’s RAM or other primary memory. You may not under any circumstances have the Software installed or in use on two or more computers at the same time. The Software can be used only up to the period of usage mentioned in the DVD-ROM Packaging.
3. Prohibited Uses.  You may not, without written permission from Candela:

(a) Use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement;

(b) Use any back-up or archival copies of the Software (or allow someone else to use such copies) for any purpose other than to replace an original copy if it is destroyed or becomes defective;

(c) Disassemble, decompile, or “unlock,” reverse translate, or in any manner decode the Software for any reason;

(d) Place the Software onto a server so that it is accessible via a local area or public network such as the Internet; or

(e) Sublicense, lease, or rent the Software.

4. LIMITED WARRANTY

(a)Limited Warranty.  Candela warrants that, for ninety (90) days from the date you acquired it from us or our authorized dealer (1) the Software will perform substantially in accordance with the user documentation accompanying the Software, and (2) the media on which the Software is provided to you will be free from defects in materials and workmanship under normal use and service.  The limited warranty set forth above shall not apply to any software which Candela determines in good faith has been subject to misuse, neglect, improper installation, repair, alteration or damage by you.

(b)Exclusive Remedies.  Candela’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty shall be, at our option, to either (1) return the price you paid, or (2) repair or replace the Software or media that does not meet the foregoing limited warranty if it is returned to Candela with a copy of your receipt.  This limited warranty is void if failure of the Software is caused by accident, abuse, or violation of this Agreement.  Any replacement Software will be warranted as above for the remainder of the original warranty period, or thirty (30) days from the date it is shipped to you, whichever is longer.

(c) WARRANTY DISCLAIMER.  CANDELA DOES NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.  TO THE EXTENT ALLOWED BY LAW, CANDELA EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

(d)Warranty inquiries may be sent to:  Candela Learning Technologies (Pvt) Ltd., No 77 Nungamugoda Road Kelaniya, Sri Lanka.

5. LIMITATION OF LIABILITY.  CANDELA’S LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE, IF ANY.  IN NO EVENT WILL CANDELA BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE LICENSE GRANTED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, OTHER LOSSES SUSTAINED AS A RESULT OF INJURY TO ANY PERSON, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF CANDELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.