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misconnection 17 to any device, or malfunction of any device used with
the Product (or, as applicable, any component thereof); (d) cosmetic
damage to the Product (or, as applicable, any component thereof)
caused by normal wear and tear; (e) shipping damage that occurs while
the Product is in transit; (f) damage caused by heat sources, sunlight,
electromagnetic conditions, or other climatic conditions; or (g) any acts
of God. Product is sold to Customer for personal, non-commercial use
only. Product is not warranted for Customer's commercial or rental use.
In addition, Product is not warranted against failure, and should not be
used by Customer for any application where (i) there is a risk that any
data stored on Product will be breached or otherwise compromised, or
(ii) the data stored on Product is relied upon for medical or lifesaving
applications. SUMMIT ELECTRONICS LLC disclaims any Warranty for
any of the foregoing uses to the fullest extent permitted by law. Cus-
tomer assumes any and all risks associated with such uses of Product
and agrees to indemnify SUMMIT ELECTRONICS LLC for any damages
claimed against SUMMIT ELECTRONICS LLC for such uses. EXCEPT
FOR EXPRESS WARRANTIES STATED ABOVE AND TO THE MAXI-
MUM EXTENTPERMITTED BYLAW, THE PRODUCTS ARE PROVIDED
"AS IS", AND SUMMIT ELECTRONICS LLC DISCLAIMS ALLOTHER
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY(I) OF ERCHANTABILITY, (II) OF FITNESS FOR APARTIC-
ULAR PURPOSE, OR (III) OF NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL SUMMIT ELECTRO- NICS LLC BE LIABLE
TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPE-
CIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING,WITHOUT LIMITATION, ANY LOST PROFITS
OR REVENUES, LOSS OR INACCURACY OF ANY DATA OR COST OF
SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
SUMMIT ELECTRONICS LLC'S AGGREGATE LIABILITY TO CUSTOM-
ER FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEV-
ER SHALL BE LIMITED TO THE CUMULATIVE PRODUCT FEES PAID
BY THAT CUSTOMER FOR THE PRODUCT CAUSING THE DAMAGES,
IF ANY. This Warranty gives Customer specifics rights, and Customer
may also have other rights that vary from jurisdiction to jurisdiction. To
obtain Warranty service, Customer must email SUMMIT ELECTRON-
ICS LLC Technical Support prior to making a Product return. Customer
must include with Product return the following items (failure to enclose
any of these items may result in a delay in the processing of your
EN 11
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