Recon Mod Live User Manual page 41

Recon outside of the Warranty Period, Recon's standard repair terms and charges may apply. Recon may limit the Limited Warranty to the country where
Recon or its reseller sold the Product to You. You may be responsible for shipping, handling, or other costs if You request warranty services not in the
country of original purchase.
Data Recovery. You acknowledge and agree that Recon will not be responsible for any data, software, application, or information that may be damaged,
lost, or destroyed during the course of evaluating, repairing, or replacing the Product. This Limited Warranty also does not cover backup, recovery, and
reinstallation of Your data on the Product.
Exclusive Remedies. Repair or replacement of the Product as provided for in this Limited Warranty is the exclusive remedy provided to You under this
Limited Warranty. To the extent permitted by applicable laws, this Limited Warranty is in lieu of all other warranties, express or implied, and except as set
out in this Limited Warranty, all representations, warranties, endorsements, and conditions of any kind, express or implied, including, without limitation,
ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE,
MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, DURABILITY, OR ARISING FROM A COURSE OF DEALING OR
USAGE OF TRADE ARE HEREBY EXCLUDED.
Limitation of Liability.
RECON, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, RESELLERS, AND DISTRIBUTORS WILL IN NO WAY BE
LIABLE TO YOU FOR, AND YOU HEREBY WAIVE YOUR RIGHT TO RECEIVE, ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES
CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH DAMAGES) ARISING FROM
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT, EVEN IF SUCH PERSON/ENTITIES IS/ARE AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT SHALL RECON'S LIABILITY UNDER THIS LIMITED WARRANTY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF
EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS
GREATER.
THE LIMITATIONS OF LIABILITY SET OUT IN SECTION 7(A) AND 7(B) ABOVE IS INTENDED TO APPLY AND DOES APPLY TO ANY DAMAGES, LOSSES, OR
LIABILITY HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF RECON OR ITS
LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WITH RESPECT TO LIABILITY FOR DEATH, BODILY INJURY, OR STATUTORY
LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACT OR OMISSIONS, FOR WHICH NO LIMIT APPLIES.
Nothing in this Limited Warranty limits Recon's liability to You in the event of: (i) death or personal injury to the extent resulting directly from Recon's
negligence; or (ii) any intentional fraudulent act or intentional fraudulent omission of Recon.
Privacy. Information about You that Recon receives or collects (including, without limitation, Your personal contact information and financial information
such as credit card information) will be used, processed, transferred, stored, and disclosed in accordance with Recon's privacy policy (available at
http://www.reconinstruments.com/corporate/legal/privacy-statement) for the purpose of resolving problems with the Product and to provide and
perform the services relating to the warranty described in this Limited Warranty.
Dispute Resolution.
Arbitation. Any and all disputes, controversy or claims arising out of or in connection with or in relation to this Limited Warranty or the breach thereof,
including any question regarding its existence, validity, performance or termination and any tort or other common law or statutory claim arising out of or
relating to its negotiation, execution or performance (collectively, the "Dispute"), will be referred to and finally resolved by binding arbitration, with the
losing party paying all costs of arbitration including pursuant to the provisions of the Commercial Arbitration Act (British Columbia) and any amendments
thereto, and the determination of such arbitrator will be final and binding upon You and Recon. The arbitration will be conducted in the English language.
Any judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be