D-2
Warranty
Limitation of Remedies and Liabilities
products, however such Products meet IPG Product specifications for newly
manufactured Products. The Buyer must give prompt notification to IPG of any claim
under the warranty in writing. IPG has no responsibility for warranty claims more
than 30 days after the Buyer discovers or becomes aware of the claimed defect. Buyer
is responsible for providing appropriate utilities and operating environment as stated
in the operating manual and the specifications. This warranty applies only to the
original Buyer at the initial installation or delivery point. Buyer must make all claims
under this warranty and no claim will be accepted from any third party.
EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH
ABOVE, IPG SPECIFICALLY DISCLAIMS ANY AND ALL OTHER
WARRANTIES AND REPRESENTATIONS TO BUYER, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES, SUCH AS
FREEDOM FROM INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Limitation of Remedies and Liabilities
THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE AND EXCLUSIVE
REMEDIES. IN NO EVENT SHALL IPG BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
ARISING FROM OR RELATING TO THIS ORDER OR THE PRODUCTS
(INCLUDING, LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT
OR ANY OTHER LEGAL THEORY. IPG'S MAXIMUM LIABILITY ARISING
UNDER THESE TERMS AND CONDITIONS WILL NOT EXCEED, IN THE
AGGREGATE, THE TOTAL AMOUNT PAID FOR THE PRODUCTS BY
BUYER. THESE LIMITATIONS MAY NOT APPLY TO YOU UNDER THE
LAWS OF CERTAIN JURISDICTIONS.
Software
Firmware License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
OPENING THIS PACKAGE OR SIGNIFYING YOUR ACCEPTANCE BY
CLICKING THE APPROPRIATE DIALOG BOX. OPERATING THE PRODUCT,
CLICKING THE APPROPRIATE DIALOG BOX OR USING ANY PART OF THE
SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH THEM, PROMPTLY RETURN
THE PRODUCT UNUSED ALONG WITH ANY OTHER RELATED ITEMS
THAT WERE INCLUDED IN THE SAME ORDER FOR FULL CREDIT.
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