This Warranty specifically excludes any Product (or, as applicable, any compo-
nent thereof) that has been subject to or Defects resulting from: (a) any ne-
glect or misuse by a Customer, an accident, improper application, violation of
operating instructions for the product, any other Customer-induced damage, or
the alteration or removal of any product serial number: (b) any modification or
repair to Product (or, as applicable, any component thereof) by any party other
than SUMMIT ELECTRONICS LLC or a party authorized in writing by SUMMIT
ELECTRONICS LLC; (c) any damage to Product (or, as applicable, any component
thereof) due to power surges, incorrect electrical voltage, misconnection 17 to
any device, or malfunction of any device used with the Product (or, as applicable,
any component thereof); (d) cosmetic damage to the Product (or, as applicable,
any component thereof) caused by normal wear and tear; (e) shipping damage
that occurs while the Product is in transit; (f) damage caused by heat sources,
sunlight, electromagnetic conditions, or other climatic conditions; or (g) any acts
of God. Product is sold to Customer for personal, non-commercial use only. Prod-
uct is not warranted for Customer’s commercial or rental use.
In addition, Product is not warranted against failure, and should not be used by
Customer for any application where (i) there is a risk that any data stored on Prod-
uct will be breached or otherwise compromised, or (ii) the data stored on Product
is relied upon for medical or lifesaving applications. SUMMIT ELECTRONICS LLC
disclaims any Warranty for any of the foregoing uses to the fullest extent per-
mitted by law. Customer assumes any and all risks associated with such uses
of Product and agrees to indemnify SUMMIT ELECTRONICS LLC for any dam-
ages claimed against SUMMIT ELECTRONICS LLC for such uses. EXCEPT FOR
EXPRESS WARRANTIES STATED ABOVE AND TO THE MAXIMUM EXTENT-
PERMITTED BYLAW, THE PRODUCTS ARE PROVIDED “AS IS”, AND SUMMIT
ELECTRONICS LLC DISCLAIMS ALLOTHER WARRANTIES, INCLUDING WITH-
OUT LIMITATION ANY IMPLIED WARRANTY(I) OF ERCHANTABILITY, (II) OF
FITNESS FOR APARTICULAR PURPOSE, OR (III) OF NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY AP-
PLICABLE LAW, IN NO EVENT WILL SUMMIT ELECTRO- NICS LLC BE LIABLE
TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCI-
DENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUD-
ING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, LOSS OR
INACCURACY OF ANY DATA OR COST OF SUBSTITUTE GOODS, REGARD-
LESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN
IF SUMMIT ELECTRONICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, SUMMIT ELECTRONICS LLC’S AGGREGATE LIABILITY TO
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