Echelon Mini FX - Manual (Page 136)

Mini FX User's Guide 123
YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND
ECHELON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS.
Echelon does not warrant that the operation of the Licensed Software will be
uninterrupted or error free or that the Licensed Software will meet Your specific
requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR
CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF
PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR
EXPENSES OF ANY KIND ARISING FROM THE SUPPLY OR USE OF THE
LICENSED SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT
LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF ECHELON
OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. EXCEPT TO THE EXTENT THAT
LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN NO EVENT SHALL
ECHELON’S OR ITS SUPPLIERS’ LIABILITY EXCEED FIVE HUNDRED DOLLARS
($500.00). YOU ACKNOWLEDGE THAT THE AMOUNTS PAID BY YOU FOR THE
LICENSED SOFTWARE REFLECT THIS REASONABLE ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR BEST
EFFORTS IN, DESIGNING, MANUFACTURING, COMMISSIONING, AND
RECOVERING LONWORKS DEVICES HEREUNDER TO PROVIDE FOR SAFE
OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS AND
AGENCY APPROVALS, AS APPLICABLE. THE LICENSED SOFTWARE, SMART
TRANSCEIVER, NEURON® CHIP, LONTALK PROTOCOL, NEURON CHIP
FIRMWARE, YOUR DEVICE, AND THE LONWORKS NETWORK INTERFACES ARE
NOT DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT
INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER
APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT
CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN AIRCRAFT, OR FOR
ANY OTHER APPLICATION IN WHICH THE FAILURE THEREOF COULD CREATE
A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR, AND YOU
SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.