Sensaphone SCADA 3000 Users manual - Manual (Page 10)

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SCADA 3000 User’s Manual
WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING 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 SERVICES 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, DEMANDS OR ACTIONS BASED UPON ANY
LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING 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 WARRANTORS’
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, INCLUDING 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 WARRANTORS’
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 MERCHANTABILITY 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 cover-
age 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, the
Uniform Commercial Code as adopted by the State of Delaware shall apply.
4. PROCEDURE FOR OBTAINING PERFORMANCE OF WARRANTY: In the event that the Product does not
conform to this warranty, the Product should be shipped or delivered freight prepaid to a Warrantor with evidence
of original purchase.
5. LEGAL REMEDIES AND DISCLAIMER: Some jurisdictions may not allow, or may place limits upon, the exclu-
sion and/or limitation of implied warranties, incidental damages and/or consequential damages for some types of
goods or products sold to consumers and/or the use of indemnification terms. Thus, the exclusions, indemnifica-
tion terms and limitations set out above may not apply, or may be limited in their application, to you. If the implied
warranties can not be excluded, and the applicable law permits limiting the duration of implied warranties, then the