User's Manual

Table Of Contents

VIVATO, INC. END USER LIMITED WARRANTY AND LICENSE TERMS

any third party, unless authorized by Vivato as stated below; (d) use in conjunction with equipment which is

not compatible with Product or Software; (e) documentation errors; (f) software errors; or (g) Product or

Software provided to End User for evaluation, testing, demonstration or other purposes for which Vivato

does not receive payment of purchase price or license fee.

Vivato does not warrant or accept any responsibility for Product or Software, which has been

repaired or altered by anyone other than Vivato, or a Vivato authorized service center. In the event of any

such unauthorized repairs or alterations, this warranty shall become void. No agent, distributor, Reseller or

representative is authorized to make any warranties or to assume any liabilities on behalf of Vivato.

Vivato shall make the final determination as to the existence and cause of any alleged defect of

Product or Software. Non-payment of invoices for Product or Software, within the stated terms, shall

cause this warranty to be suspended until late invoices are fully paid.

If the Product or Software is found to have been damaged due to misuse, abnormal operating

conditions, or unauthorized repair, the repairs and/or replacement of such Product or Software will be done

at End User’s expense under Vivato's then current time and material repair terms. In such event, an

estimate of the cost of repairs and/or replacement will be submitted to End User for approval before the

work is started. If the returned Product or Software is found by Vivato to be in compliance with this Limited

Warranty, Vivato may charge a fee for the evaluation, which may include reasonable travel and expenses,

if applicable.

Minor or non-substantive defects or deviations, or errors or omissions of Product or Software shall

not constitute a warranty defect. End User understands and acknowledges that the form, function and

operation of the Product and Software will change from time to time.

EXCEPT AS SPECIFIED HEREIN, VIVATO MAKES NO OTHER WARRANTIES WITH

RESPECT TO PRODUCT AND SOFTWARE AND DISCLAIMS AND EXCLUDES ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY APPLICABLE LAW,

INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR

USE, SATISFACTORY QUALITY, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES

ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ALL SUCH

WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. VIVATO DOES NOT WARRANT THAT THE

PRODUCT OR SOFTWARE IS ERROR-FREE OR THAT OPERATION OF THE PRODUCT OR

SOFTWARE WILL BE SECURE OR UNINTERRUPTED AND VIVATO HEREBY DISCLAIMS ANY AND

ALL LIABILITY ON ACCOUNT THEREOF. This disclaimer and exclusion shall apply even if the

express warranty set forth herein fails in its essential purpose.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING ELSE, VIVATO SHALL NOT BE LIABLE TO END USER OR

ANY THIRD PARTY UNDER ANY PROVISION HEREIN OR UNDER ANY CONTRACT, NEGLIGENCE,

STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL,

CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, OR COST, OR FOR

THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCT, SOFTWARE, OR SERVICES,

WHETHER OR NOT VIVATO OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. IN NO EVENT SHALL VIVATO BE LIABLE FOR ANY AMOUNT IN EXCESS OF

THE AGGREGATE AMOUNT PAID BY END USER TO VIVATO FOR THE PRODUCT AND SOFTWARE,

DURING THE SIX MONTHS PREVIOUS TO THE TIME THE CLAIM ARISES. THE RIGHT TO

RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN THIS SECTION IS END USER'S

EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT ANY OTHER CONTRACTUAL REMEDY FAILS