Faro FocusM 70 Manual Download

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FARO

Laser Scanner Manual

159

4.10 The foregoing shall be FARO’s sole and exclusive liability and the Purchaser’s sole and exclusive
remedy with respect to the system.

THE SOLE RESPONSIBILITY OF FARO UNDER THE WARRANTIES IS STATED HEREIN AND FARO
SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES,
WHETHER THE CLAIM IS FOR BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.

OTHER THAN THE EXPRESS WARRANTIES HEREIN STATED, FARO DISCLAIMS ALL
WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.

4.11 FARO does not authorize any person (whether natural or corporate) to assume for FARO any
liability in connection with or with respect to the Products. No agent or employee of FARO has any
authority to make any representation or promise on behalf of FARO, except as expressly set forth herein,
or to modify the terms or limitations of the Warranties. Verbal statements are not binding upon FARO.

4.12 The Maintenance/Warranties extend only to the Purchaser and are transferable, only under the
following conditions:

• The Focus Laser Scanner is currently under maintenance/warranty.

• New owner is, or becomes, a certified user.

• A FARO maintenance/warranty transfer form is completed, and submitted to Customer Service.

All claims under the Warranties must originate with the Purchaser, or any subsequent owner, and the
Purchaser will indemnify and save FARO harmless from any claims for breach of warranty asserted
against FARO by any third party.

4.13 Oral representations of FARO or its sales representatives, officers, employees or agents cannot be
relied upon as correctly stating the representations of FARO in connection with the system. Refer to this
purchase order, any exhibits hereto and any written materials supplied by FARO for correct
representations.

4.14 PURCHASER ACKNOWLEDGES THAT IT HAS PURCHASED THE SYSTEM BASED UPON ITS
OWN KNOWLEDGE OF THE USES TO WHICH THE SYSTEM WILL BE PUT. FARO SPECIFICALLY
DISCLAIMS ANY WARRANTY OR LIABILITY RELATED TO THE FITNESS OF THE SYSTEM FOR
ANY PARTICULAR PURPOSE OR ARISING FROM THE INABILITY OF THE PURCHASER TO USE
THE SYSTEM FOR ANY PARTICULAR PURPOSE.

5.00 Design Changes

5.01 The Focus Laser Scanner, the Software and the System are subject to changes in design,
manufacture and programming between the date of order and the actual delivery date. FARO reserves
the right to implement such changes without the Purchaser’s consent, however, nothing contained
herein shall be construed as obligating FARO to include such changes in the Focus Laser Scanner,
Software or System provided to the Purchaser.

6.00 Non-Disclosure

6.01 All Software including, without limitation, the Operating System Program and any FARO special
user programs, provided to the Purchaser as part of the system, either at the time of or subsequent to
the delivery of the Focus Laser Scanner, is the intellectual property of FARO. The Purchaser shall not
reproduce or duplicate, disassemble, decompile, reverse engineer, sell, transfer or assign, in any
manner the Software or permit access to or use thereof by any third party. The Purchaser shall forthwith