Maxtor SATA/300 PCI CARD Installation Manual page 19

MAXTOR SATA/300 PCI CARD INSTALLATION GUIDE
You are responsible for saving or backing up data contained in any Product returned
to Maxtor in conjunction with warranty or any other services. Maxtor shall have no
responsibility for such data whatsoever and shall have no liability arising out of any
damage to, or loss or disclosure of, such data.
This limited warranty applies only to the Maxtor products that can be identified by
the original, unaltered Maxtor trademark, trade name or logo affixed to them.
Maxtor does not warrant any product that is not manufactured by, for, or with
permission from Maxtor, or which is not otherwise distributed by Maxtor under the
Maxtor brand.
This warranty does not cover any of the following conditions:
– Abuse, unreasonable use, mistreatment, or neglect
– Unusual physical or electrical stress or power fluctuations
– Damage caused during installation of the Product
– Damage or capacity/performance/operational resetting caused by the
equipment or system with which the Product is used
– Damage caused by modification or repair not made or authorized by Maxtor
– Products whose Maxtor Serial Number and/or Material Number label have
been removed, torn or defaced
– Damage caused by use of non-Maxtor packaging
– Damage caused by improper or improperly used packaging
– Damage caused by lack of ESD protection
– Products that are determined to be stolen.
Further, this limited warranty is void if the Product cover, or any label or seal on the
Product, is removed or damaged.
Maxtor owns all parts removed from the repaired Products. Maxtor uses new and
reconditioned parts in performing warranty repairs and building replacement
products.
FAILURE TO COMPLETE AND RETURN ANY MAXTOR PRODUCT REGISTRATION
FORM WILL NOT DIMINISH YOUR WARRANTY RIGHTS.
Certain Products include software or firmware as a component ("Software"). Maxtor or
its suppliers retain all rights of ownership in such Software and any use of the Software
is subject to the license agreement provided by Maxtor accompanying such Software. If
no license is provided by Maxtor, you are granted the limited right to use the Software as
required for the operation of the Product and no other rights are granted whatsoever.
Certain Software is licensed under the GNU General Public License Agreement ("GPL
Software"). EXCEPT AS OTHERWISE PROVIDED BY MAXTOR IN A WRITTEN LICENSE
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AGREEMENT, SOFTWARE IS OFFERED "AS IS" AND MAXTOR GRANTS NO
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATIONS
OR OTHERWISE WITH REGARD TO THE SOFTWARE. MAXTOR SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Please note that Maxtor makes the source code for the GPL software available through
www.maxtor.com.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE
REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS,
WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. OTHER THAN
AS EXPRESSLY SET FORTH HEREIN, MAXTOR SPECIFICALLY DISCLAIMS TO THE
MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS AS TO THE PRODUCTS, SERVICES, OR ANY OTHER
MATTER WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, MAXTOR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR
DEEMED WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A
SKILLFUL AND WORKMANLIKE MANNER, AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS OR ANY OTHER WARRANTY ARISING FROM A COURSE OF DEALING
OR USAGE OF TRADE. THIS LIMITED WARRANTY DOES NOT APPLY TO, AND MAXTOR
MAKES NO WARRANTY TO YOU WITH REGARD TO, PRODUCTS ORIGINALLY SOLD AS
AN INTEGRATED COMPONENT OF A SYSTEM NOT SUPPLIED BY MAXTOR, OR
PRODUCTS PROVIDED UNDER A THIRD PARTY LEASING OR SERVICE
ARRANGEMENT. No Maxtor distributor, reseller, dealer, agent or employee is
authorized to make any modification, extension or addition to this warranty.
MAXTOR IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, UNFORSEEABLE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND
WHETHER OR NOT MAXTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS, LOSS OF DATA OR PROGRAMS, LOST PROFITS, DOWNTIME, GOODWILL,
DAMAGE OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF
RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED
IN OR USED WITH MAXTOR PRODUCTS OR ANY OTHER DAMAGES ARISING OUT OF
THE PURCHASE, USE OR PERFORMANCE OF THE PRODUCT. Maxtor is not, and
cannot be, responsible for any losses or damages arising out of any loss of, or any
inability to access, data as a result from the failure of a Product, and accordingly you
bear this risk. The allocation of risk under this limitation of liability is reflected in the
purchase price of the Product. This limitation of liability, however, will not apply to
claims for death or personal injury caused by the negligence of Maxtor or its
associated companies, officers, representatives or agents.