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. Product 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 Product 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 permitted by law. Customer assumes any and all risks
associated with such uses of Product and agrees to indemnify SUMMIT
ELECTRONICS LLC for any damages claimed against SUMMIT ELEC-
TRONICS LLC for such uses. EXCEPT FOR EXPRESS WARRANTIES
STATED ABOVE AND TO THE MAXIMUM EXTENTPERMITTED BYLAW,
THE PRODUCTS ARE PROVIDED “AS IS”, AND SUMMIT ELECTRONICS
LLC DISCLAIMS ALLOTHER WARRANTIES, INCLUDING WITHOUT LIM-
ITATION ANY IMPLIED WARRANTY(I) OF ERCHANTABILITY, (II) OF FIT-
NESS FOR APARTICULAR PURPOSE, OR (III) OF NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL SUMMIT ELECTRO- NICS LLC
BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS
OR REVENUES, LOSS OR INACCURACY OF ANY DATA OR COST OF
SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUM-
MIT ELECTRONICS LLC’S AGGREGATE LIABILITY TO CUSTOMER FOR
ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE
LIMITED TO THE CUMULATIVE PRODUCT FEES PAID BY THAT CUS-
TOMER FOR THE PRODUCT CAUSING THE DAMAGES, IF ANY. This
Warranty gives Customer specics rights, and Customer may also have oth-
er rights that vary from jurisdiction to jurisdiction. To obtain Warranty service,
Customer must email SUMMIT ELECTRONICS LLC Technical Support prior
to making a Product return. Customer must include with Product return the
EN 12
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