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ProSoft Technology, Inc., Support, Service & Warranty
7.5.3 DISCLAIMER REGARDING HIGH RISK ACTIVITIES
PRODUCT MANUFACTURED OR SUPPLIED BY PROSOFT IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR
USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE (INCLUDING, WITHOUT LIMITATION, THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OF COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES
OR WEAPONS SYSTEMS), IN WHICH THE FAILURE OF THE PRODUCT
COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (COLLECTIVELY,
"HIGH RISK ACTIVITIES"). PROSOFT SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
ACTIVITIES.
7.5.4 DISCLAIMER OF ALL OTHER WARRANTIES
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
7.5.5 LIMITATION OF REMEDIES**
IN NO EVENT WILL PROSOFT (OR ITS DEALER) BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT PROSOFT AND
ITS DEALER WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT
LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS
OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; LOSS OF
DATA; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT,
FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES,
INCLUDING CUSTOMERS OF THE PURCHASER; AND INJURY TO
PROPERTY.
** Some areas do not allow time limitations on an implied warranty, or allow the exclusion or
limitation of incidental or consequential damages. In such areas the above limitations may not
apply. This Warranty gives you specific legal rights, and you may also have other rights which vary
from place to place.
7.5.6 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 15 months (or in
the case of RadioLinx modules, 39 months) following shipment of the Product.
ProSoft Technology, Inc.
September 6, 2007
6201-WA-ASCII ♦ ProLinx Wireless
High Speed Wireless ASCII Generic Serial Gateway
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