User's Manual

Doc No.: A20470691 Rev. B ECO: 11750 Date: 08/18/2015 17
purpose, title and/or non-infringement. Secure Care also disclaims all obligations that might otherwise arise or be implied
from a course of dealing or usage in trade.
3. Limitations of Liability
A. Regardless of the form of any claim or action, Secure Care’s total liability to all persons, whether singly or together,
for all occurrences combined, for claims, costs, damages or liabilities based on any cause whatsoever and arising from or in
connection with this product, or the manufacture, distribution, promotion, sale, installation, set-up, testing, support,
maintenance, operation, servicing, use or performance of this product, or from or in connection with any delay or failure in
providing this product, shall not exceed the aggregate price (without interest) paid to Secure Care for this product.
B. In no event shall Secure Care be liable to anyone for any loss of data, loss of profits or loss of use of this product or
any equipment, or for any special, incidental, consequential, exemplary, punitive, multiple, or other damages, arising from or
in connection with the manufacture, distribution, promotion, sale, installation, set-up, testing, support, maintenance,
operation, servicing, use or performance of this product or from or in connection with any delay or failure in providing or
delivering this product.
C. In no event shall Secure Care be liable to anyone for any claims, costs, damages or liabilities caused by: (i) any
distributor’s failure to perform its obligations and responsibilities under a distributor agreement with Secure Care; (ii)
improper or defective promotion, distribution, sale, installation, set-up, testing, support, maintenance or repair of this product,
including work performed, without Secure Care’s prior written consent in its absolute discretion, by a person who has not
satisfactorily completed Secure Care technical training, or in a manner not consistent with Secure Care technical training;
(iii) improper or defective operation or use of this product by a person who has not successfully completed Secure Care in-
service training, or in a manner not consistent with Secure Care in-service training; (iv) supply of this product by a distributor
for use in, or the use of this product in, any system or configuration not designed to Secure Care standards or in which a
distributor or any third party has substituted materials and/or goods not specified by Secure Care; or (v) deterioration of this
product during storage.
D. You agree to indemnify and hold Secure Care harmless from all claims, costs, damages and liabilities asserted by
anyone for any damages that are excluded and waived, or are intended to be excluded and waived, by this section 3, or which
are imposed by law on behalf of anyone but which are not expressly stated in this general product warranty statement.
E. The exclusions, waivers and limitations on claims, costs, damages and liabilities and any rights of indemnification set
forth in this Section 3 shall be enforceable to the maximum extent allowed by law and shall not be expanded or negated in
any respect by Secure Care’s operation of a “help line” to receive and respond to telephone or dial-in inquires about this
product, by any communications through that “help line” or by any actions taken by anyone following communications with
Secure Care over such “help line.”
4. Governing Law and Arbitration
A. This General Product Warranty Statement, and all questions arising out of or relating to it, shall be governed by and
construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict of laws provisions
thereof, and excluding the United Nations Convention on contracts for the international sale of goods, the 1974 convention
on the limitation period on the international sale of goods (the “1974 convention”), and the protocol amending the 1974
convention, done at Vienna April 11, 1980.
B. Any dispute, controversy or claim arising out of or relating to this general product warranty statement shall be resolved
by arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator selected by the
parties or, if they cannot agree, by a single arbitrator selected in accordance with the commercial arbitration rules of the
American Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted in English, in
accordance with the commercial arbitration rules of the American Arbitration Association, in Concord, New Hampshire. The
decision of the arbitrator shall be binding and enforceable by any state or federal court in New Hampshire, and you hereby
consent to the personal jurisdiction of any state or federal court in New Hampshire for that purpose. The expense of the
arbitration (excluding each side’s own attorneys' fees, costs, and related expenses) shall initially be paid in equal shares by
each side, but the total of such expenses plus any award of attorneys' fees, cost and expenses shall finally be paid by the
parties as the arbitrator determines. Nothing in this section 4.b shall preclude Secure Care from seeking provisional or
equitable relief from any appropriate court to protect its rights prior to, pending or in the absence of such arbitration
proceedings.