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54
EN
(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.
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