User's Manual

Intelligent Wireless Nexus Platform
u n w i r i n g o u r w o r l d
33
General Terms Applicable to the Limited Warranty Statement and
End User License
Disclaimer of Warranty. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL
CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE
PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE
LAW AND ARE EXPRESSLY DISCLAIMED BY SMARTBRIDGES, ITS SUPPLIERS AND
LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED,
SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS
WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
This disclaimer and exclusion shall apply even if the express warranty set forth above fails
of its essential purpose.
Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
SMARTBRIDGES OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT,
OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR
WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR
OTHERWISE AND EVEN IF SMARTBRIDGES OR ITS SUPPLIERS OR LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall
smartBridges’ or its suppliers’ or licensors’ liability to Customer, whether in contract, tort
(including negligence), breach of warranty, or otherwise, exceed the rice paid by Customer
for the Product that gave rise to the claim. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Warranty and the End User License shall be governed by and construed in accordance
with the laws of the Singapore, without reference to or application of choice of law rules
or principles. The United Nations Convention on the International Sale of Goods shall not
apply. If any portion hereof is found to be void or unenforceable, the remaining provisions
of the Agreement shall remain in full force and effect. Except as expressly provided herein,
this Agreement constitutes the entire agreement between the parties and supersedes any
conicting or additional terms contained in any purchase order or elsewhere, all of which
terms are excluded. This Agreement has been written in the English language, and the
parties agree that the English version will govern.