User Manual

7. Disclaimer. TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,

AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE

INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN

THE LICENSED SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS,

SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TRANSCEND

HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND

CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE,

AND NON-INFRINGEMENT.

IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,

CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE,

PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE

LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER

BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY

CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will apply to the

maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of

incidental or consequential damages, so the exclusions and limitations set forth above may not apply.

9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this

Agreement immediately if Customer breaches any of its obligations under this Agreement.

10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer

concerning the subject matter hereof, and it may only be modified by a written amendment signed by an

authorized executive of Transcend. (b) Except to the extent applicable law, if any, provides otherwise, this

Agreement will be governed by the law of the Republic of China, excluding its conflict of law provisions. (c) If

any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full

force and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach

thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (e)

Transcend may assign its rights under this Agreement without condition. (f) This Agreement will be binding

upon and will inure to the benefit of the parties, their successors and permitted assigns.