Skully FENIX AR User Manual page 24

Terms/Warranty
YOUR RESPONSIBILITIES, CONTINUED
To receive service or support under the Limited Warranty, you agree to comply with
the following:
(v) Update software to currently-published releases prior to seeking service.
SKULLY may reinstall the covered equipment's original software configuration and
subsequent update releases while performing service, which will result in the dele-
tion of all software and data that resided on the covered equipment prior to service.
During service, SKULLY may format on board memory for the FENIX AR. SKULLY
will return your FENIX AR or provide a replacement FENIX AR as the FENIX AR was
originally configured, subject to applicable updates. SKULLY may install SKULLY OS
updates as part of hardware service that will prevent the FENIX AR from reverting to
an earlier version of the SKULLY OS. Third party applications installed on the FENIX
AR may not be compatible or work with the FENIX AR as a result of the SKULLY OS
update. You will be responsible for reinstalling or restoring any other software pro-
grams, data and passwords.
LIMITATION OF LIABILITY
SKULLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKULLY AND ITS
EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO
YOU OR ANY SUBSEQUENT OWNER FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO
COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM
OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY
LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS RESULTING
FROM SKULLY'S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LIMIT OF SKULLY AND ITS EMPLOYEES AND
AGENT'S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER SHALL NOT EXCEED
THE ORIGINAL PRICE PAID FOR THE COVERED EQUIPMENT. SKULLY SPECIFICALLY
DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED
EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL
MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE
PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER
PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN
ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS
AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND
SKULLY Technologies
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