Version 2.0.3
February 13, 2006
Limitations
THE FOREGOING IS THE COMPLETE WARRANTY FOR ELLISYS PRODUCTS AND
SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR
WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE
MADE WITH RESPECT TO ELLISYS PRODUCTS AND ELLISYS EXPRESSLY DISCLAIMS ALL
WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE,
PROVINCIAL OR LOCAL LAW INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE
LIMITED TO THE PERIODS OF TIME SET FORTH ABOVE. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
ELLISYS PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN
LIFE SUPPORT EQUIPMENT OR FOR APPLICATIONS IN WHICH THE FAILURE OR
MALFUNCTION OF THE PRODUCTS WOULD CREATE A SITUATION IN WHICH PERSONAL
INJURY OR DEATH IS LIKELY TO OCCUR. ELLISYS SHALL NOT BE LIABLE FOR THE
DEATH OF ANY PERSON OR ANY LOSS, INJURY OR DAMAGE TO PERSONS OR PROPERTY
BY USE OF PRODUCTS USED IN APPLICATIONS INCLUDING, BUT NOT LIMITED TO,
MILITARY OR MILITARY-RELATED EQUIPMENT, TRAFFIC CONTROL EQUIPMENT,
DISASTER PREVENTION SYSTEMS AND MEDICAL OR MEDICAL-RELATED EQUIPMENT.
ELLISYS' TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR
IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. REPAIR, REPLACEMENT
OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR
ANY OTHER LEGAL THEORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ELLISYS SHALL NOT BE LIABLE TO THE CUSTOMER OF AN ELLISYS PRODUCT FOR ANY
DAMAGES, EXPENSES, LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS,
OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE
PURCHASE, USE OR INABILITY TO USE THE ELLISYS PRODUCT, EVEN IF ELLISYS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU.
Severability
If any provision or any portion of any provision contained in these terms is held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, then the remaining
provisions, and if a portion of any provision is unenforceable, then the remaining
portion of such provision shall, nevertheless, remain in full force and effect. The parties
undertake to negotiate in good faith with a view to replace such invalid, illegal or
unenforceable provision or part thereof with another provision not so invalid, illegal or
unenforceable with the same or similar effect, and further agree to be bound by the
mutually agreed substitute provision.
USB Explorer 200
User's manual
Page 16 of 17
