Limitation Of Liability - D-Link DES-1008D User Manual

during the same warranty period. This warranty applies to purchased software, and to
replacement software provided by D-Link pursuant to this warranty, but shall not apply to any
update or replacement which may be provided for download via the Internet, or to any update
which may otherwise be provided free of charge.
D-Link's sole obligation under this software warranty shall be to replace any defective software
product with product which substantially conforms to D-Link's applicable product
documentation. Purchaser assumes responsibility for the selection of appropriate application
and system/platform software and associated reference materials. D-Link makes no warranty
that its software products will work in combination with any hardware, or any application or
system/platform software product provided by any third party, excepting only such products as
are expressly represented, in D-Link's applicable product documentation as being compatible.
D-Link's obligation under this warranty shall be a reasonable effort to provide compatibility, but
D-Link shall have no obligation to provide compatibility when there is fault in the third-party
hardware or software. D-Link makes no warranty that operation of its software products will be
uninterrupted or absolutely error-free, and no warranty that all defects in the software product,
within or without the scope of D-Link's applicable product documentation, will be corrected.
LIMITATION OF WARRANTIES
IF THE D-LINK PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, THE
CUSTOMER'S SOLE REMEDY SHALL BE, AT D-LINK'S OPTION, REPAIR OR
REPLACEMENT. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE
AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D-
LINK NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT
ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE OR USE OF D-LINK'S PRODUCTS.
D-LINK SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT
EXIST OR WAS CAUSED BY THE CUSTOMER'S OR ANY THIRD PERSON'S MISUSE,
NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO
REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.

LIMITATION OF LIABILITY

IN NO EVENT WILL D-LINK BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF
DATA, LOSS OF PROFITS, COST OF COVER OR OTHER INCIDENTAL, CONSEQUENTIAL
OR INDIRECT DAMAGES ARISING OUT THE INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE OR INTERRUPTION OF A D- LINK PRODUCT, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU PURCHASED A D-LINK PRODUCT IN THE UNITED STATES, SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.