ProSoft Technology 5228-DFNT-HART - Manual (Page 100)

Support, Service & Warranty ProLinx-HART ♦ ProLinx Gateway
Driver Manual HART Master with Analog I/O
Page 100 of 104 ProSoft Technology, Inc.
October 13, 2011
5.2.2 What Is Not Covered By This Warranty
a) ProSoft makes no representation or warranty, expressed or implied, that the
operation of software purchased from ProSoft will be uninterrupted or error free or
that the functions contained in the software will meet or satisfy the purchaser’s
intended use or requirements; the Customer assumes complete responsibility for
decisions made or actions taken based on information obtained using ProSoft
software.
b) This Warranty does not cover the failure of the Product to perform specified
functions, or any other non-conformance, defects, losses or damages caused by
or attributable to any of the following: (i) shipping; (ii) improper installation or other
failure of Customer to adhere to ProSoft’s specifications or instructions; (iii)
unauthorized repair or maintenance; (iv) attachments, equipment, options, parts,
software, or user-created programming (including, but not limited to, programs
developed with any IEC 61131-3, "C" or any variant of "C" programming
languages) not furnished by ProSoft; (v) use of the Product for purposes other
than those for which it was designed; (vi) any other abuse, misapplication, neglect
or misuse by the Customer; (vii) accident, improper testing or causes external to
the Product such as, but not limited to, exposure to extremes of temperature or
humidity, power failure or power surges; or (viii) disasters such as fire, flood,
earthquake, wind and lightning.
c) The information in this Agreement is subject to change without notice. ProSoft
shall not be liable for technical or editorial errors or omissions made herein; nor
for incidental or consequential damages resulting from the furnishing,
performance or use of this material. The user guide included with your original
product purchase from ProSoft contains information protected by copyright. No
part of the guide may be duplicated or reproduced in any form without prior
written consent from ProSoft.
5.2.3 Disclaimer Regarding High Risk Activities
Product manufactured or supplied by ProSoft is not fault tolerant and is not designed,
manufactured or intended for use in hazardous environments requiring fail-safe
performance including and without limitation: the operation of nuclear facilities, aircraft
navigation of communication systems, air traffic control, direct life support machines or
weapons systems in which the failure of the product could lead directly or indirectly to
death, personal injury or severe physical or environmental damage (collectively, "high risk
activities"). ProSoft specifically disclaims any express or implied warranty of fitness for
high risk activities.