Xylem H-339 - Manual (Page 5)

H-339
User Agreement/W
ATER LOG Warranty W-3 ®
(iii) EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN ANALYSIS
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(iv) UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE FOR
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.