Level Sense Pro User Manual page 20

WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE
WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES,
NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS'
PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE
CUSTOMER FOR WARRANTORS' PRODUCT AND SERVICES OR $150.00, WHICHEVER IS GREATER.
YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS
IN EXCESS OF THIS LIMITATION.
INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD
HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS
OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON
ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE
DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES
AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY
TO USE WARRANTORS' PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS'
SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS'
NEGLIGENCE.
YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR
OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR
ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON
ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE
DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES
AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO
USE WARRANTORS' PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS' SYSTEM
TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS'
NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE
THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY
DISCLAIMED, INCLUDING: THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS
FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE
WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE.
IT MUST BE CLEAR THAT THE WARRANTORS ARE NOT INSURING YOUR PREMISES OR BUSINESS OR
GUARANTEEING THAT THERE WILL NOT BE DAMAGE TO YOUR PERSON OR PROPERTY OR BUSINESS IF
YOU USE THIS PRODUCT. YOU SHOULD MAINTAIN INSURANCE COVERAGE SUFFICIENT TO PROVIDE
COMPENSATION FOR ANY LOSS, DAMAGE, OR EXPENSE THAT MAY ARISE IN CONNECTION WITH THE
USE OF PRODUCTS OR SERVICES, EVEN IF CAUSED BY WARRANTORS' NEGLIGENCE. THE WARRANTORS
ASSUME NO LIABILITY FOR INSTALLATION OF THE PRODUCT AND/OR INTERRUPTIONS OF THE SERVICE
DUE TO STRIKES, RIOTS, FLOODS, FIRE, AND/OR ANY CAUSE BEYOND SELLER'S CONTROL, FURTHER
SUBJECT TO THE LIMITATIONS EXPRESSED IN ANY LICENSE AGREEMENT OR OTHER AGREEMENT
PROVIDED BY WARRANTORS TO PURCHASER.
THE AGREEMENT BETWEEN THE WARRANTORS AND THE PURCHASER, INCLUDING BUT NOT LIMITED
TO THE TERMS AND CONDITIONS HEREIN SHALL NOT BE GOVERNED BY THE CONVENTION FOR THE
INTERNATIONAL SALE OF GOODS. WHERE APPLICABLE, THE UNIFORM COMMERCIAL CODE AS
ADOPTED BY THE STATE OF DELAWARE SHALL APPLY.
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