Exacq exacqVision Start User Manual page 88

C
Warranty
LIMITED WARRANTY AND LIMITATION OF LIABILITY
LIMITED WARRANTY. Exacq hardware products are warranted against defects in materials and workmanship for three (3) years from the date Exacq ships the products to the Customer. All
software products are licensed to the Customer under the terms of the appropriate Exacq Technologies license. For a period of ninety (90) days from the Delivery Date, Exacq software
products (when properly installed on Exacq hardware products) (a) will perform substantially in accordance with the accompanying written materials, and (b) the medium on which the
software product is recorded will be free from defects in materials and workmanship under normal use and service. Any replacement of a licensed software product will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer. Customer must obtain a Return Material Authorization number from Exacq before returning any products
under warranty to Exacq. Customer shall pay expenses for shipment of repaired or replacement products to and from Exacq. After examining and testing a returned product, if Exacq concludes
that a returned product is not defective, Customer will be notified, the product returned at Customer's expense, and a charge made for examination and testing. This Limited Warranty is void
if products or parts are damaged by (a) improper handling, normal wear and tear, accidents, theft, vandalism, fire, water or other peril; (b) conditions outside the specifications for operation of
the products, including but not limited to, electrical power, temperature humidity, dust or lightning; (c) Customer supplied third party software not intended for use with the applicable Exacq
software; (d) utilization of an improper hardware or software key; (e) or improper use, negligence, repair, alteration or maintenance of the product not performed by Exacq Technologies, Inc.
or its authorized service centers or authorized technicians.
CUSTOMER REMEDIES. Exacq's sole obligation (and Customer's sole remedy) with respect to the foregoing Limited Warranty shall be to, at its option, return the fees paid or repair/replace any
defective products, provided that Exacq receives written notice of such defects during the applicable warranty period. Customer may not bring an action to enforce its remedies under the
foregoing Limited Warranty more than one (1) year after the accrual of such cause of action.
RETURN/CANCELLATION POLICY. Customer may return unwanted products within thirty (30) days of the Delivery Date. Customer shall pay a twenty percent (20%) restocking charge on any
unwanted products returned to Exacq. No returns will be accepted after the thirty (30) day period has expired. Where special equipment or services are involved, Customer shall be
responsible for all related work in progress; however, Exacq shall take responsible steps to mitigate damages immediately upon receipt of a written cancellation notice from Customer. A
Return Material Authorization number must be obtained from Exacq for return of any products. Exacq may terminate any order if any representations made by Customer to EXACQ are false or
misleading.
NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER
EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. EXACQ DOES NOT WARRANT, GUARANTEE, OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS ACCURACY RELIABILITY OR OTHERWISE AND DOES NOT
WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXACQ EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The entire liability of Exacq and its licensors, distributors and suppliers (including its and their directors, officers, employees and agents) is set
forth above. To the maximum extent permitted by applicable law, in no event shall Exacq and its licensors, distributors and suppliers (including its and their directors, officers, employees and
agents) be liable for any damages including but not limited to any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business
interruption, lost business information, or any other damages arising out of the use or inability to use the products, even if Exacq or its licensors, distributors, and suppliers has been advised of
the possibility of such damages. Customer acknowledges that the applicable purchase price or license fee for the products reflects this allocation of risk. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable because an
Exacq product sold or licensed to Customer is determined by a court of competent jurisdiction in a final non appeal able judgment to be defective and to have directly caused bodily injury
death or property damage in no event shall Exacq's liability for property damage exceed the greater of $50,000 or fees paid for the specific product that caused such damage
WARNING: IN ANY APPLICATION THE RELIABILITY OF OPERATION OF THE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN ELECTRICAL
POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP
AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES,
TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATIONS DESIGNER
(ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES"). ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO
PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM
FAILURE. TO AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT
NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS. BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM EXACQ'S TESTING PLATFORMS AND BECAUSE A USER OR
APPLICATION DESIGNER MAY USE EXACQ PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY EXACQ THE USER OR APPLICATION
DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF EXACQ PRODUCTS WHENEVER EXACQ PRODUCTS ARE INCORPORATED IN A SYSTEM OR
APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.
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