Disclaimer And Limitation Of Liability - Nielsen 1000-1161 Series Equipment Manual

1u sge digital encoder, rohs compliant

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Equipment Manual: Encoder 1000-1161

Document #: 1050-1475

Revision: F

Disclaimer and Limitation of Liability

BY YOUR USE, RECEIPT, AND/OR INSTALLATION OF THE NIELSEN AUDIO ENCODER, YOU

EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOREGOING:

Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE

NIELSEN AUDIO ENCODER AND THIS EQUIPMENT MANUAL IS AT YOUR SOLE RISK AND

THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND

EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE

NIELSEN AUDIO ENCODER AND THIS EQUIPMENT MANUAL ARE PROVIDED ON AN "AS IS"

AND "WHERE IS" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, PROMISES,

OR REPRESENTATIONS OF ANY KIND, AND NIELSEN HEREBY DISCLAIMS ALL PROMISES,

REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR

CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A

PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-

INFRINGEMENT. NIELSEN ALSO DISCLAIMS AND MAKES NO REPRESENTATIONS,

WARRANTIES, OR PROMISES, EXPRESS OR IMPLIED, TO YOU AS TO THE SUCCESS OF

YOUR EFFORTS PURSUANT TO THIS EQUIPMENT MANUAL, OR THE EXERCISE AND USE OF

THE NIELSEN AUDIO ENCODER.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL

NIELSEN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER

COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR

INABILITY TO USE THE NIELSEN AUDIO ENCODER AND/OR THIS EQUIPMENT MANUAL,

HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR

OTHERWISE) AND EVEN IF NIELSEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. IN NO EVENT SHALL NIELSEN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES

(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL

INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

IN ADDITION, NIELSEN SHALL NOT BE SUBJECT TO INJUNCTIVE RELIEF WITH RESPECT TO

THIS EQUIPMENT MANUAL OR NIELSEN AUDIO ENCODER.

YOU EXPRESSLY AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL

APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS EQUIPMENT MANUAL IS FOUND

TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONFIDENTIAL AND PROPRIETARY INFORMATION

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