Table of Contents
Advertisement
BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUPTION LOSSES, LOST
PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL
LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN
CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY
WARRANTORS' NEGLIGENCE.
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 $250.00, 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.
vii
Advertisement
Table of Contents
