Legal Statement - NDS 90R0123 User Manual

Legal Statement

NDS may sell its products through other medical device manufacturers, distributors and resellers and therefore,
purchasers of this NDS product should consult with the entity through which this product was originally
purchased regarding the terms of any applicable product warranties provided by such entity, if any.
NDS neither assumes nor authorizes any person to assume for it any other liabilities in conjunction with and/or
related to the sale and/or use of its products. To ensure proper use, handling and care of NDS products,
customers should consult the product specific literature, instruction manual, and/or labeling included with the
product or otherwise available.
Customers are cautioned that system configuration, software, the application, customer data and operator
control of the system, among other factors, affect the product's performance. While NDS products are
considered to be compatible with many systems, specific functional implementation by customers may vary.
Therefore, suitability of a product for a specific purpose or application must be determined by the consumer and
is not warranted by NDS.
NDS SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED AND/OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS AND/OR OF
SUITABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO ALL NDS PRODUCTS OR
SERVICES. ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND/OR GUARANTEES, OF ANY TYPE, NATURE
OR EXTENT, BE IT IMPLIED, EXPRESS AND/OR WHETHER ARISING UNDER OR AS A RESULT OF ANY STATUTE, LAW,
COMMERCIAL USAGE, CUSTOM, TRADE OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
NDS, its suppliers and/or distributors are not liable, directly or by way of indemnity for any special, incidental,
consequential, punitive, exemplary or indirect damages, including but not limited to alleged damages for
delayed shipment, non-delivery, product failure, product design or production, inability to use such products or
services, loss of future business (lost profits), or from any other cause, whatsoever, in connection with or arising
from the purchase, sale, lease, rental, installation or use of such NDS products, these terms and conditions, or
with respect to any the terms of any agreement which incorporates these terms and conditions.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND DISCLAIMERS OF CERTAIN WARRANTIES OR
LIMITATIONS OF LIABILITY, SO THE LIMITATIONS AND/OR EXCLUSIONS, SET FORTH HEREIN, MAY NOT APPLY. IN
THAT EVENT LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THE SUBJECT
JURISDICTION.
The information provided in this document, including all designs and related materials, is the valuable property
of NDS and/or its licensors and, as appropriate, they reserve all patent, copyright, and other proprietary rights to
this document, including all design, manufacturing reproduction, use, and sales rights thereto, except to the
extent said rights are expressly granted to others.
This user manual is subject to change without notice. If there is any concern about the latest instructions for use,
please consult with NDS.
22 | Terms and Conditions