Warranty

MANAGERS, EMPLOYEES, LICENSORS AND ASSIGNS, BE LIABLE FOR ANY
DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR DAMAGE TO REAL OR
PERSONAL PROPERTY, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD-PARTY
PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND/OR FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR
IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT,
EVEN IF PHYN, UPONOR OR THEIR AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS CUMULATIVE AND WILL
NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR
CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR
REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING HEREIN SHALL
LIMIT THE LIABILITY OF PHYN AND UPONOR IN RELATION TO DEATH OR BODILY
INJURIES.
THE WARRANTIES AND REMEDIES SET OUT IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHERS,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYN, UPONOR AND
THEIR AFFILIATES HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES,
WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR
FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF
NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE
FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR
THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF
THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS,
INFORMATION, MATERIAL, OR DATA. THE ONLINE SERVICES INTENDED TO
OPERATE WITH THE PHYN PRODUCTS PROVIDE USERS WITH CERTAIN
INFORMATION. ALL SUCH INFORMATION IS PROVIDED “AS IS” AND “AS
AVAILABLE”. PHYN AND UPONOR DO NOT WARRANT OR GUARANTEE THAT
SUCH INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT
USE OF SUCH INFORMATION, SUCH ONLINE SERVICES, OR PHYN PRODUCTS WILL
FULLY PROTECT REAL PROPERTY FROM WATER DAMAGE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY PHYN, UPONOR, OR A DEALER, RESELLER,
AGENT, REPRESENTATIVE, OR AFFILIATE OF PHYN OR UPONOR SHALL CREATE A
WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR