NX NX-8100F, User Manual

18

EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS 
SECTION MAY NOT APPLY TO YOU. NX HEREBY FURTHER EXPRESSLY 
DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES 
THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, 
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR 
YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, 
STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER 
GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER 
RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN 
AS PERMITTED BY LAW, NX DOES NOT EXCLUDE, LIMIT OR SUSPEND 
OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE 
FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL 
UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS 
OF YOUR STATE, PROVINCE, OR COUNTRY. FOR OUR AUSTRALIAN 
CUTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO 
ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS 
WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE 
EXCLUDED.

16.0 

LIMITATIONS OF NX LIABILITY

UNDER NO CIRCUMSTANCES WILL NX BE LIABLE IN ANY WAY FOR ANY 
CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF CONTENT, 
ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR 
DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF 
OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, 
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NX APP.
NX LIABILITY FOR DAMAGES, ESPECIALLY FOR BREACH OF DUTY 
OR OBLIGATION, DELAY IN PERFORMANCE, NON-PERFORMANCE, 
OR MALPERFORMANCE SHALL BE PRECLUDED, EXCEPT WHEN 
THESE ARE DUE TO NEGLIGENT BREACHES OF ANY SIGNIFICANT 
CONTRACTUAL DUTY OR OBLIGATION ON THE PART OF NX. ANY 
LIABILITY FOR NEGLIGENCE IS LIMITED TO DIRECT LOSSES USUALLY 
AND TYPICALLY FORESEEABLE IN SUCH CASE. SHOULD THE CLAIM 
FOR DAMAGES BE BASED ON WILFUL OR GROSSLY NEGLIGENT 
BREACH OF CONTRACTUAL DUTY OR OBLIGATION ON THE PART OF 
NX, THE PRECLUSION AND LIMITATION OF LIABILITY MENTIONED 
IN THE PRECEDING SENTENCES WILL NOT APPLY. THE PRECEDING 
PRECLUSION AND LIMITATION OF LIABILITY WILL ALSO NOT APPLY TO 
CLAIMS FOR DAMAGES ARISING OUT OF LOSS OF LIFE, BODILY INJURY 
OR HEALTH IMPACTS FOR WHICH NX MAY BE LIABLE, OR FOR NON-
CONTRACTUAL LIABILITY.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION 
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO 
YOU. ADDITIONALLY, THIS PROVISION IS NOT INTENDED TO LIMIT 
NX'S LIABILITY IN THE EVENT OF NX'S WILLFUL OR INTENTIONAL 
MISCONDUCT.