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SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY OTHER
DAMAGES OR CLAIMS ARISING FROM THE USE OF THIS PRODUCT, THIS
INCLUDES LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL DESIGN ANALYSIS BE LIABLE FOR ANY CLAIMS,
LIABILITY, OR DAMAGES ARISING FROM MODIFICATION MADE
THEREIN, OTHER THAN BY DESIGN ANALYSIS.
(v)
Should the exclusive remedy stated in subparagraph 6 (d) (ii) above be determined by
a proper court of law to have failed of its essential purpose, the limitation of the
obligations of DESIGN ANALYSIS stated in subparagraphs 6 (d) (iii) and (iv) shall
remain valid.
(vi)
THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY.
6. BINDING AGREEMENT
This is a binding agreement, and if not understood, USER should seek competent legal advice. By paying
for the PRODUCT and opening the package, USER acknowledges to have read this Agreement and have
agreed to be bound by its terms and conditions.
7. GOVERNING LAW
This Agreement and its validity and interpretation shall be governed by the laws of the State of Utah,
notwithstanding any choice of law rules of Utah or any other state or jurisdiction.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in
paragraph (c) (1) (ii) of the rights in Technical Data and Computer Software clause at 52.227-7013. The
Contractor-manufacturer is DESIGN ANALYSIS ASSOCIATES, INC., 75 West 100 South, Logan, Utah
84321.
H-223
User Agreement/W
ATER
®
LOG
Warranty W-3
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