Appendix
70 EN
(b) any Product which has been disassembled, repaired, tampered with, altered, changed, or
modified by persons other than Olympus's own authorized service personnel unless repair by
others is made with the written consent of Olympus;
(c) defects or damage to the Products resulting from wear, tear, misuse, abuse, negligence, sand,
liquids, impact, improper storage, nonperformance of scheduled operator and maintenance
items, battery leakage, use of non-"OLYMPUS" brand accessories, consumables, or supplies,
or use of the Products in combination with non-compatible devices;
(d) software programs;
(e) supplies and consumables (including but not limited to lamps, ink, paper, film, prints, negatives,
cables and batteries); and/or
(f) Products which do not contain a validly placed and recorded Olympus serial number, unless
they are a model on which Olympus does not place and record serial numbers.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, OLYMPUS MAKES NO AND
DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTIES, CONDITIONS, AND
WARRANTIES CONCERNING THE PRODUCTS, WHETHER DIRECT OR INDIRECT, EXPRESS
OR IMPLIED, OR ARISING UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR REPRESENTATION AS
TO THE SUITABILITY, DURABILITY, DESIGN, OPERATION, OR CONDITON OF THE PRODUCTS
(OR ANY PART THEREOF) OR THE MERCHANTABILITY OF THE PRODUCTS OR THEIR
FITNESS FOR A PARTICULAR PURPOSE, OR RELATING TO THE INFRINGEMENT OF ANY
PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT USED OR INCLUDED THEREIN.
IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW, THEY ARE LIMITED IN
DURATION TO THE LENGTH OF THIS LIMITED WARRANTY.
SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES
AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY
NOT APPLY.
THE CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND
REMEDIES THAT VARY FROM STATE TO STATE.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT OLYMPUS SHALL NOT BE
RESPONSIBLE FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR FROM DELAYED
SHIPMENT, PRODUCT FAILURE, PRODUCT DESIGN, SELECTION, OR PRODUCTION,
IMAGE OR DATA LOSS OR IMPAIRMENT OR FROM ANY OTHER CAUSE, WHETHER
LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
PRODUCT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL OLYMPUS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF USE), WHETHER OR
NOT OLYMPUS SHALL BE OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGE.
Representations and warranties made by any person, including but not limited to dealers,
representatives, salespersons, or agents of Olympus, which are inconsistent or in conflict with or in
addition to the terms of this limited warranty, shall not be binding upon Olympus unless reduced to
writing and approved by an expressly authorized officer of Olympus.
This limited warranty is the complete and exclusive statement of warranty which Olympus agrees
to provide with respect to the Products and it shall supersede all prior and contemporaneous oral
or written agreements, understandings, proposals, and communications pertaining to the subject
matter hereof.
This limited warranty is exclusively for the benefit of the original customer and cannot be transferred
or assigned.
WHAT TO DO WHEN SERVICE IS NEEDED
The customer must transfer any image or other data saved on a Product to another image or data
storage medium and/or remove any film from the Product prior to sending the Product to Olympus
for service.
IN NO EVENT SHALL OLYMPUS BE RESPONSIBLE FOR SAVING, KEEPING OR MAINTAINING
ANY IMAGE OR DATA SAVED ON A PRODUCT RECEIVED BY IT FOR SERVICE, OR ON ANY
FILM CONTAINED WITHIN A PRODUCT RECEIVED BY IT FOR SERVICE, NOR SHALL
OLYMPUS BE RESPONSIBLE FOR ANY DAMAGES IN THE EVENT ANY IMAGE OR DATA IS
LOST OR IMPAIRED WHILE SERVICE IS BEING PERFORMED (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
LOSS OF PROFITS OR LOSS OF USE), WHETHER OR NOT OLYMPUS SHALL BE OR SHOULD
BE AWARE OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR IMPAIRMENT.
d4344_4356_e_0000.book Page 70 Monday, December 17, 2007 9:13 AM
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