Quantum GX2 microCT Imaging System Manual Chapter 9 | Legal Notices 84
i. PerkinElmer warrants for a period of ninety (90) days that such software will conform to
PerkinElmer's or the Software manufacturer's program manuals current at the time of shipment
to Customer when properly installed; provided, however, that PerkinElmer does not warrant that
the operation of the software will be uninterrupted or error-free. This Limited Warranty for the
Software extends only to the Customer. This Limited Warranty is not assignable or transferable
to any successor, without the express written permission of PerkinElmer, which may be withheld
in its sole discretion.
ii. Customer agrees that as PerkinElmer's sole liability and as Customer's sole remedy, PerkinElmer
will provide services to correct documented and reproducible errors which PerkinElmer's
diagnosis indicates are caused by a defect in an unaltered version of the Software; provided that
Customer advises PerkinElmer of such malfunctions of the Software within ten (10) days after
expiration of the applicable Limited Warranty period.
C. THE FOREGOING LIMITED WARRANTY IS THE CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PERKINELMER SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, PUNITIVE
DAMAGES, LOSS OF USE OF THE SYSTEM OR ANY ASSOCIATED EQUIPMENT, COST OF
CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE SYSTEM OR SOFTWARE,
OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF
PERKINELMER KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. PERKINELMER SHALL
NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED
WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE SYSTEM OR SOFTWARE
IS BEING REPAIRED. PERKINELMER DOES NOT REPRESENT OR WARRANT THAT THE
EQUIPMENT OR SOFTWARE WILL BE FREE FROM DEFECTS, UNINTERRUPTED OR,
ERROR-FREE.
D. Some countries, states or provinces do not allow the exclusion or limitation of implied warranties or
the limitation of incidental or consequential damages for certain products or the limitation of liability
for personal injury, so the above limitations and exclusions may be limited in their application to you.
When any implied warranties are not allowed to be excluded in their entirety, they will be limited to
the duration of the applicable written warranty. This Limited Warranty gives you specific legal rights
which may vary depending on local law.
E. This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts,
U.S.A., excluding its conflicts of laws principles and excluding the United Nations Convention on
Contracts for the International Sale of Goods.
9.3 Trademarks
The names of companies and products mentioned herein may be the trademarks of their respective
owners. PerkinElmer is a registered trademark of PerkinElmer, Inc. Apple, Macintosh, and
QuickTime are registered trademarks of Apple Computer, Inc. Microsoft, PowerPoint, and Windows
are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries. Intel and Pentium III is a registered trademark of Intel Corporation. Adobe and
Illustrator are either registered trademarks or trademarks of Adobe Systems Incorporated in the
United States and/or other countries.
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