Sensaphone WSG30 System Users manual - Manual (Page 4)

WSG30 Users Manual
IV
LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF
ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WAR-
RANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE.
WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE
ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARIS-
ING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR
DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED
THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVIC-
ES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY
AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND
HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DE-
MANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, IN-
CLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS,
THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE
WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’
SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WAR-
RANTORS’ NEGLIGENCE.
YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS,
THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED
COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM,
DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, IN-
CLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS,
THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE
WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’
SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WAR-
RANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF
THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN
CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED
WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF MERCHANTI-
BILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/
OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will
not be damage to your person or property or business if you use this Product. You should maintain insurance
coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection
with the use of products or services, even if caused by Warrantors’ negligence. The warrantors assume no
liability for installation of the Product and/or interruptions of the service due to strikes, riots, floods, fire, and/
or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement
or other Agreement provided by Warrantors to purchaser.
The agreement between the Warrantors and the Purchaser, including but not limited to the terms and condi-
tions herein shall not be governed by the Convention for the International Sale of Goods. Where applicable,