January 17, 2007 8F2927 A-1
Appendix A: Warranty and
Limitation of
Liability
Important Notice to Purchaser
Kodak warrants that Kodak hardware products will be free from defects in
parts, materials and manufacture. For defects occurring during the warranty
period and about which Kodak has received notice during the warranty
period, Kodak will provide Customer with free replacement parts and labor to
replace warranty-covered items.
THIS WARRANTY IS MADE IN LIEU OF ALL OTHER PRODUCT
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF
DEALING OR USAGE OF TRADE. The express warranty does not apply to
the following: expendable parts; defects or damage due to neglect, misuse,
operator error, improper installation or alteration of Kodak hardware
products or operation of Kodak hardware products out of specification.
EXCEPT FOR THE EXCLUSIVE REMEDY STATED ABOVE, KODAK IS
NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, HOWEVER OCCURRING AND
REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING
NEGLIGENCE AND STRICT LIABILITY. Kodak shall in no event be
liable for any of the following:
• Performance or non-performance of any network utilized by the
Customer.
• Performance or non-performance of any third party equipment or
software.
• Impact of any Kodak product upon a network or third party equipment
or software.
• Malicious software infections caused by others.
Virus Policy: In accordance with the Health Group Digital Solutions Virus
Policy, document 3E4111, Kodak’s time to install patches and other changes
to our products, toward cure of vulnerabilities to and effects of malicious
software attacks, and additional professional services to assist customers to
eliminate attack consequences and/or harden their information technology
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