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or component thereof: (a) have been subjected to improper operation or installation; (b) have been
subject to neglect, abuse, willful damage, abnormal working conditions, failure to follow RISCO’s
instructions (whether oral or in writing); (c) have been misused, altered, modified or repaired
without RISCO’s written approval or combined with, or installed on products, or equipment of the
customer or of any third party; (d) have been damaged by any factor beyond RISCO’s reasonable
control such as, but not limited to, power failure, electric power surges, or unsuitable third party
components and the interaction of software therewith or (e) any delay or other failure in
performance of the product attributable to any means of communications, provided by any third
party service provider (including, but not limited to) GSM interruptions, lack of or internet outage
and/or telephony failure.
BATTERIES ARE EXPLICITLY EXCLUDED FROM THE WARRANTY AND RISCO SHALL
NOT BE HELD RESPONSIBLE OR LIABLE IN RELATION THERETO, AND THE ONLY
WARRANTY APPLICABLE THERETO, IF ANY, IS THE BATTERY MANUFACTURER'S
WARRANTY.
RISCO makes no other warranty, expressed or implied, and makes no warranty of merchantability
or of fitness for any particular purpose. For the sake of good order and avoidance of any doubt:
DISCLAIMER. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, RISCO AND ITS
LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY,
REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD
TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS,
WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND LOSS OF DATA. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, RISCO AND ITS LICENSORS DO NOT REPRESENT
OR WARRANT THAT: (I) THE OPERATION OR USE OF THE PRODUCT WILL BE TIMELY,
SECURE, UNINTERRUPTED OR ERROR-FREE; (ii) THAT ANY FILES, CONTENT OR
INFORMATION OF ANY KIND THAT MAY BE ACCESSED THROUGH THE PRODUCT BY
CUSTOMER OR END USER SHALL REMAIN SECURED OR NON DAMAGED. CUSTOMER
ACKNOWLEDGES THAT NEITHER RISCO NOR ITS LICENSORS CONTROL THE
TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE
INTERNET, GSM OR OTHER MEANS OF COMMUNICATIONS AND THAT RISCO’S
PRODUCTS, MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS
INHERENT IN THE USE OF SUCH MEANS OF COMMUNICATIONS. RISCO IS NOT
RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE
RESULTING FROM SUCH PROBLEMS.
RISCO WARRANTS THAT ITS PRODUCTS DO NOT, TO THE BEST OF ITS KNOWLEDGE,
INFRINGE UPON ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER
INTELLECTUAL PROPERTY RIGHT
IN ANY EVENT RISCO SHALL NOT BE LIABLE FOR ANY AMOUNTS REPRESENTING
LOST REVENUES OR PROFITS, PUNITIVE DAMAGES, OR FOR ANY OTHER
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY
WERE FORESEEABLE OR RISCO HAS BEEN INFORMED OF THEIR POTENTIAL.
RISCO does not install or integrate the product in the end user security system and is
therefore not responsible for and cannot guarantee the performance of the end user
security system which uses the product.
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