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™ GIGABYTE shall not be liable for (a) any incidental, indirect, special, exemplary, punitive or consequential damages, including
but not limited to loss of profits and/or loss of data, other loss, damage or expense directly or indirectly arising from any defect
or inability to use the Product or poor performance, either separately or in combination with other equipment, regardless of
whether GIGABYTE or the original purchaser has been advised of the possibility of such damages, nor (b) any amounts in the
aggregate in excess of the purchase price paid for the applicable Product(s). GIGABYTE is not liable for and does not cover
under warranty, any costs associated with servicing and/or the installation of GIGABYTE products, including the Product.
™ This Warranty sets forth the entire liability and obligations of GIGABYTE with respect to defects, breach of warranty or any
other failure to perform or meet specification associated with any Products.
™ GIGABYTE Warranty Guidelines GIGABYTE products, including the Product, must not be used in applications where failure
could threaten injury or life, such as aviation, automotive, nuclear, medical or life support systems (or any other form of ultra-
hazardous applications), and under no circumstances shall GIGABYTE offer any warranty or have any obligations arising
from any such Product uses.
™ Buyer acknowledges that the goods sold by GIGABYTE are being used or incorporated into other products or systems, and
the ultimate safety of those products or systems are the sole responsibility of Buyer.
™ This warranty applies only on the condition that the product has been installed, maintained and operated under conditions of
normal use and in accordance with the installation guide provided herewith.
™ The provisions of this warranty shall not apply if, in GIGABYTE's sole judgment, the product has been subject to misuse or
neglect, improper installation, damaged in an accident, or repaired or altered in any way that affects its performance or reliability.
™ Buyer assumes all risks and liabilities for use of GIGABYTE products in other products or systems. In addition, GIGABYTE is
not responsible for any archival, backup or disaster recovery services.
Disclaimer
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON
INFRINGEMENT, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. GIGABYTE SHALL NOT BE
LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES
WHICH PURCHASER OR THIRD PARTY MAY SUSTAIN, EVEN IF GIGABYTE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL GIGABYTE'S LIABILITY EXCEED THE PURCHASE PRICE OF THE
DEFECTIVE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, GIGABYTE EXPRESSLY
DISCLAIMS ANY AND ALL LIABILITY FOR DIRECT, INDIRECT AND/OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, ARISING FROM THE LOSS, CORRUPTION, ERASURE OR DESTRUCTION OF ANY DATA STORED ON OR
TRANSMITTED VIA ANY GIGABYTE PRODUCT, INCLUDING, WITHOUT LIMITATION, THE INABILITY TO ACCESS DATA
STORED ON ANY SECURE GIGABYTE PRODUCTS THAT REQUIRE A USER-DESIGNATED PASSWORD OR CODE IF THAT
PASSWORD OR CODE IS LOST, FORGOTTEN, OR COMPROMISED. USERS HAVE THE OBLIGATION TO BACKUP ALL
DATA AND PASSWORDS OR CODES.
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