D-Link DES-1008D User Manual

Page 5

surge, and cosmetic damage; and

Any hardware, software, firmware or other products or services provided by

anyone other tha n D-Link.

Disclaimer of Other Warranties: EXCEPT FOR THE LIMITED

WARRANTY SPECIFIED HEREIN, THE PRODUCT IS PROVIDED “AS-

IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT

LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY

IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY

WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED

WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS. EXCEPT AS

EXPRESSLY COVERED UNDER THE LIMITED WARRANTY PROVIDED

HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND

PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF

THE PRODUCT.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY
LAW, D-LINK IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE,

STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR

ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES

OF ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR

CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES

FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE

OR MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED

IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED

TO D-LINK FOR WARRANTY SERVICE) RESULTING FROM THE USE

OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING

OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF D-

LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING

LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF

THE DEFECTIVE OR NON-CONFORMING PRODUCT.

GOVERNING LAW: This Limited Warranty shall be governed by the laws

of the state of California.

Some states do not allow exclusion or limitation of incidental or consequential

damages, or limitations on how long an implied warranty lasts, so the foregoing

limitations and exclusions may not apply. This limited warranty provides