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WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED
PURPOSE OR USE AND THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE
HARDWARE AND/OR SOFTWARE. MATROX FURTHER DISCLAIMS ANY WARRANTY THAT
MATROX PRODUCTS, IN WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY
THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.
TO THE EXTENT THAT THESE LIMITED WARRANTY STATEMENTS ARE INCONSISTENT WITH
THE LAW OF THE LOCALITY WHERE YOU PURCHASED THE MATROX PRODUCT, THESE LIMITED
WARRANTY STATEMENTS SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH
LOCAL LAW. UNDER SUCH LOCAL LAW, CERTAIN LIMITATIONS OF THESE LIMITED WARRANTY
STATEMENTS MAY NOT APPLY TO YOU.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES PROVIDED IN THESE LIMITED
WARRANTY STATEMENTS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
F. Limitations of liability
EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE SOFTWARE LIMITED
WARRANTY AND HARDWARE LIMITED WARRANTY STATEMENTS, IN NO EVENT SHALL
MATROX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
FORESEEABLE OR UNFORESEEABLE, OR PUNITIVE DAMAGES, WHETHER BASED ON
CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR DAMAGES ARISING FROM THE LOSS OF USE, DATA,
PRODUCTION REVENUE AND/OR PROFIT OF IN CONNECTION WITH THE MATROX PRODUCT OR
ANY BUSINESS INTERRUPTION. WITHOUT PREJUDICE TO THE FOREGOING, ANY LIABILITY OF
MATROX FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU
FOR THE DEFECTIVE HARDWARE IN QUESTION.
TO THE EXTENT ALLOWED BY LOCAL LAW, MATROX'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY SHALL BE THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT
DURING THE WARRANTY PERIOD. MATROX DOES NOT OFFER ANY OTHER WARRANTY WITH
RESPECT TO MATROX HARDWARE OR SOFTWARE OR ANY OTHER HARDWARE OR SOFTWARE.
YOU SHALL BE RESPONSIBLE FOR ALL APPLICABLE TAXES, DUTIES AND CUSTOMS FEES ON
ANY REPLACEMENT UNIT, AS WELL AS ALL TRANSPORT, INSURANCE, STORAGE AND OTHER
CHARGES INCURRED ON ALL RETURNED PRODUCTS.
G. Indemnification disclaimer
Matrox disclaims and shall have no obligation to indemnify or defend you or any third party in respect of any
actual or alleged infringement of any actual or pending patents, copyright or other intellectual property rights.
Matrox shall have no liability arising out of any such actual or alleged intellectual property infringement.
MATROX SPECIFICALLY MAKES NO REPRESENTATION AND DISCLAIMS ALL EXPRESS OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
H. Unauthorized use
THE MATROX LICENSED SOFTWARE AND ANY DOCUMENTATION RELATED THERETO ARE NOT
DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN
WHICH THE FAILURE OF THE LICENSED SOFTWARE COULD CREATE A SITUATION WHERE
PERSONAL INJURY OR DEATH MAY OCCUR (E.G., MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE
SAVING SYSTEMS). Should the LICENSEE license or use the Matrox Licensed Software for any such
unintended or unauthorized use, the Licensee shall indemnify and hold Matrox and its officers, subsidiaries and
affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of,
directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or
Matrox License Agreement, Warranty, and Service
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