Ellisys USB Explorer 350 User Manual Download

Page: 3 / 157

3 of 157

Ellisys USB Explorer 350

Conditions of Use and

Limited Warranty Terms

These conditions and terms are deemed to be accepted by the customer at the time
the product is purchased, leased, lent or used, whether or not acknowledged in writing.

Conditions of Use

The customer is only authorized to use the product for its own activities, whether
professional or private. Thus, the customer is, in particular, forbidden to resell, lease or
lend the product to any third party. In addition, the customer has, in particular, no
right to disassembly, modify, copy, reverse engineer, create derivative works from or
otherwise reduce or alter the product. The product may also not be used in any
improper way.

Limited Warranty Coverage

Ellisys warrants to the original customer of its products that its products are free from
defects in material and workmanship for the warranty period. Subject to the conditions
and limitations set forth below, Ellisys will, at its option, either repair or replace any
part of its products that prove defective by reason of improper workmanship or
materials. Repaired parts or replacement products will be provided by Ellisys on an
exchange basis, and will be either new or refurbished to be functionally equivalent to
new. If Ellisys is unable to repair or replace the product, it will refund the current value
of the product at the time the warranty claim is made. In no event shall Ellisys' liability
exceed the original purchase price of product.

Excluded Products and Problems

This limited warranty does not cover any damage to this product that results from
improper installation, accident, abuse, misuse, natural disaster, insufficient or excessive
electrical supply, abnormal mechanical or environmental conditions, or any
unauthorized disassembly, repair, or modification. This limited warranty also does not
apply to any product on which the original identification information has been altered,
obliterated or removed, has not been handled or packaged correctly, or has been sold
as second-hand. This limited warranty only applies to the original customer of the
product for so long as the original customer owns the product. This limited warranty is
non-transferable.

This limited warranty covers only repair, replacement or refund for defective Ellisys
products, as provided above. Ellisys is not liable for, and does not cover under
warranty, any loss of data or any costs associated with determining the source of
system problems or removing, servicing or installing Ellisys products.

Obtaining Warranty Service

To obtain warranty service, you may return a defective product to the authorized Ellisys
dealer or distributor from which you purchased the Ellisys product. Please confirm the
terms of your dealer's or distributor's return policies prior to returning the product.
Typically, you must include product identification information, including model number
and serial number with a detailed description of the problem you are experiencing. You
must also include proof of the date of original retail purchase as evidence that the
product is within the applicable warranty period.

The returned product will become the property of Ellisys. Repaired or replacement
product will be shipped at Ellisys' expense. Repaired or replacement product will
continue to be covered by this limited warranty for the remainder of the original
warranty or 90 days, whichever is longer.

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.

Warranty Period

The warranty begins on the date of purchase and covers a period of two (2) years.

Governing Law

These conditions and terms shall be governed by and construed in accordance with the
law of Switzerland.

Jurisdiction; Venue

The parties consent to the exclusive personal jurisdiction of, and venue in, the District
Court of Geneva, Switzerland.