ProSoft Technology 5205-104S-PDPS - Manual (Page 123)

Support, Service & Extended Warranty 4205/5205-TS-104S-PDPS ♦ ProLinx Standalone
IEC-60870-5-104 to PDPS Communication Module with Time Stamp
ProSoft Technology, Inc. Page 123 of 128
July 12, 2007
5.5.4 DISCLAIMER OF ALL OTHER WARRANTIES
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
5.5.5 LIMITATION OF REMEDIES**
IN NO EVENT WILL PROSOFT (OR ITS DEALER) BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT PROSOFT AND
ITS DEALER WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT
LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS
OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; LOSS OF
DATA; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT,
FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES,
INCLUDING CUSTOMERS OF THE PURCHASER; AND INJURY TO
PROPERTY.
** Some areas do not allow time limitations on an implied warranty, or allow the exclusion or
limitation of incidental or consequential damages. In such areas the above limitations may not
apply. This Warranty gives you specific legal rights, and you may also have other rights which vary
from place to place.
5.5.6 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 15 months (or in
the case of RadioLinx modules, 39 months) following shipment of the Product.
5.5.7 No Other Warranties
Unless modified in writing and signed by both parties, this Warranty is
understood to be the complete and exclusive agreement between the parties,
suspending all oral or written prior agreements and all other communications
between the parties relating to the subject matter of this Warranty, including
statements made by salesperson. No employee of ProSoft or any other party is
authorized to make any warranty in addition to those made in this Warranty. The
Customer is warned, therefore, to check this Warranty carefully to see that it
correctly reflects those terms that are important to the Customer.
5.5.8 Intellectual Property
a Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be photocopied or reproduced in any
form without prior written consent from ProSoft.
b ProSoft's technical specifications and documentation that are included
with the Product are subject to editing and modification without notice.
c Transfer of title shall not operate to convey to Customer any right to make,
or have made, any Product supplied by ProSoft.