Tait TP9100 - Limited Warranty; Exclusion of Liability

Product safety and compliance information 13
LIMITED WARRANTY
THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE
COMPONENTS) IS SUPPLIED BY TAIT
AND ACCEPTED BY THE LICENSEE
“
AS IS” WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT BEING
LIMITED TO ANY IMPLIED
WARRANTIES AS TO
MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. THE
LICENSEE ACKNOWLEDGES THAT
THE SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE
COMPONENTS) IS USED BY IT IN
BUSINESS AND ACCORDINGLY TO
THE MAXIMUM EXTENT PERMITTED
BY LAW NO TERMS OR WARRANTIES
WHICH ARE IMPLIED BY
LEGISLATION SHALL APPLY TO THIS
AGREEMENT. TAIT DOES NOT
WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE OR
FIRMWARE (INCLUDING OPEN
SOURCE COMPONENTS) WILL MEET
THE LICENSEE’S REQUIREMENTS OR
THAT THE OPERATION OF THE
SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE
COMPONENTS) WILL BE
UNINTERRUPTED OR ERROR FREE.
EXCLUSION OF LIABILITY
IN NO CIRCUMSTANCES SHALL TAIT
BE UNDER ANY LIABILITY TO THE
LICENSEE, OR ANY OTHER PERSON
WHATSOEVER, WHETHER IN TORT
(
INCLUDING NEGLIGENCE),
CONTRACT (EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT),
EQUITY, UNDER ANY STATUTE, OR
OTHERWISE AT LAW FOR ANY
LOSSES OR DAMAGES WHETHER
GENERAL, SPECIAL, EXEMPLARY,
PUNITIVE, DIRECT, INDIRECT OR
CONSEQUENTIAL ARISING OUT OF
OR IN CONNECTION WITH ANY USE
OR INABILITY OF USING THE
SOFTWARE OR FIRMWARE
(
INCLUDING OPEN SOURCE
COMPONENTS).
THE LICENSEE’S SOLE REMEDY
AGAINST TAIT WILL BE LIMITED TO
BREACH OF CONTRACT AND TAIT’S
SOLE AND TOTAL LIABILITY FOR ANY
SUCH CLAIM SHALL BE LIMITED AT
THE OPTION OF TAIT TO THE REPAIR
OR REPLACEMENT OF THE
SOFTWARE OR FIRMWARE OR THE
REFUND OF THE PURCHASE PRICE OF
THE SOFTWARE OR FIRMWARE.
GENERAL
THE LICENSEE CONFIRMS THAT IT
SHALL COMPLY WITH THE
PROVISIONS OF LAW IN RELATION
TO THE SOFTWARE OR FIRMWARE.