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What is not covered by this warranty, Disclaimer regarding high risk activities – ProSoft Technology 5201-DFNT-DNPS User Manual

Page 82

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ProLinx DNPS ♦ ProLinx Gateway

Support, Service & Warranty

DNP 3.0 Slave

User Manual


Page 82 of 86

ProSoft Technology, Inc.

December 1, 2009

b) Warranty On Services: Materials and labor performed by ProSoft to repair

a verified malfunction or defect are warranteed in the terms specified
above for new Product, provided said warranty will be for the period
remaining on the original new equipment warranty or, if the original
warranty is no longer in effect, for a period of 90 days from the date of
repair.

4.3.2 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.

4.3.3 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.

This manual is related to the following products: