User's Manual

MicroStrain, Inc.
ACCEPTING THE PRODUCTS FROM MICROSTRAIN, THE BUYER
ACKNOWLEDGES AND AGREES: i) THAT THE INHERENT VALUE OF THE
PRODUCTS ARE UNRELATED TO THE VALUE OR COST OF ANY PROPERTY
IN CONNECTION WITH WHICH THE PRODUCTS MAY BE USED AND THAT
MICROSTRAIN MAKES NO WARRANTY THAT THE PRODUCTS WILL AVERT,
DETECT OR PREVENT OCCURRENCES OR THE CONSEQUENCES
THEREFROM WHICH THE PRODUCTS ARE DESIGNED TO DETECT OR AVERT,
OR THAT THE PRODUCTS MAY NOT BE COMPROMISED, DISABLED OR
CIRCUMVENTED; ii) THAT MICROSTRAIN HAS MADE NO CONTRARY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
TO OR FOR THE BENEFIT OF CUSTOMER; and, iii) THAT ANY NUMBER OF
CAUSES MAY CAUSE A “FALSE ALARM” OR “FALSE READING” FROM
MICROSTRAIN’S PRODUCTS, AND THAT MICROSTRAIN DOES NOT
WARRANT AGAINST SUCH FALSE RESULTS. BUYER REPRESENTS,
WARRANTS AND INDEMNIFIES MICROSTRAIN FOR ANY AND ALL
LIABILITY PERTAINNG TO THE USE OF PRODUCTS INCORPORATED INTO
OR OTHERWISE USED IN A BUYER PRODUCT.
9. Limited Software Warranty. MicroStrain warrants that, the software portion of the
Product (“Software”), where applicable, will substantially conform to MicroStrain’s then
current functional specifications for the Software, as set forth in the applicable
documentation, from the date of original retail purchase of the Software for a period of
ninety (90) days (“Software Warranty Period”), provided that the Software is properly
installed on approved hardware and operated as contemplated in its documentation.
MicroStrain further warrants that, during the Software Warranty Period, the magnetic
media on which MicroStrain delivers the Software will be free of physical defects.
MicroStrain’s sole obligation shall be to replace the non-conforming Software (or
defective media) with software that substantially conforms to MicroStrain’s functional
specifications for the Software or to refund at MicroStrain’s sole discretion. Except as
otherwise agreed by MicroStrain in writing, the replacement Software is provided only to
the original licensee, and is subject to the terms and conditions of the license granted by
MicroStrain for the Software. Software will be warranted for the remainder of the
original Software Warranty Period from the date or original purchase. If a material non-
conformance is incapable of correction, or if MicroStrain determines in its sole discretion
that it is not practical to replace the non-conforming Software, the price paid by the
original licensee for the non-conforming Software will be refunded by MicroStrain;
provided that the non-conforming Software (and all authorized copies thereof) is first
returned to MicroStrain. The license granted respecting any Software for which a refund
is given automatically terminates.
10. Limitation of Liability. IN NO EVENT SHALL THE MICROSTRAIN BE
LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENCIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFIT OR OPPORTUNITY, OR SIMILAR DAMAGES WHICH MAY ARISE IN
CONNECTION WITH ANY OF MICROSTRAIN’S PRODUCTS. BUYER’S SOLE
AND EXCLUSIVE REMEDY SHALL IN NO EVENT EXCEED THE REPAIR,
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