Support, Service & Warranty
6201-WA-DFNT
♦
ProLinx Wireless
High Speed Wireless EtherNet/IP Gateway
ProSoft Technology, Inc.
Page 41 of 45
August 12, 2008
b) This Warranty does not cover the failure of the Product to perform
specified functions, or any other non-conformance, defects, losses or
damages caused by or attributable to any of the following: (i) shipping; (ii)
improper installation or other failure of Customer to adhere to ProSoft's
specifications or instructions; (iii) unauthorized repair or maintenance; (iv)
attachments, equipment, options, parts, software, or user-created
programming (including, but not limited to, programs developed with any
IEC 61131-3, "C" or any variant of "C" programming languages) not
furnished by ProSoft; (v) use of the Product for purposes other than those
for which it was designed; (vi) any other abuse, misapplication, neglect or
misuse by the Customer; (vii) accident, improper testing or causes
external to the Product such as, but not limited to, exposure to extremes
of temperature or humidity, power failure or power surges; or (viii)
disasters such as fire, flood, earthquake, wind and lightning.
c) The information in this Agreement is subject to change without notice.
ProSoft shall not be liable for technical or editorial errors or omissions
made herein; nor for incidental or consequential damages resulting from
the furnishing, performance or use of this material. The user guide
included with your original product purchase from ProSoft contains
information protected by copyright. No part of the guide may be duplicated
or reproduced in any form without prior written consent from ProSoft.
7.3.3 Disclaimer
Regarding High Risk Activities
Product manufactured or supplied by ProSoft is not fault tolerant and is not
designed, manufactured or intended for use in hazardous environments requiring
fail-safe performance including and without limitation: the operation of nuclear
facilities, aircraft navigation of communication systems, air traffic control, direct
life support machines or weapons systems in which the failure of the product
could lead directly or indirectly to death, personal injury or severe physical or
environmental damage (collectively, "high risk activities"). ProSoft specifically
disclaims any express or implied warranty of fitness for high risk activities.
7.3.4 Intellectual
Property
Indemnity
Buyer shall indemnify and hold harmless ProSoft and its employees from and
against all liabilities, losses, claims, costs and expenses (including attorney's
fees and expenses) related to any claim, investigation, litigation or proceeding
(whether or not ProSoft is a party) which arises or is alleged to arise from Buyer's
acts or omissions under these Terms or in any way with respect to the Products.
Without limiting the foregoing, Buyer (at its own expense) shall indemnify and
hold harmless ProSoft and defend or settle any action brought against such
Companies to the extent based on a claim that any Product made to Buyer
specifications infringed intellectual property rights of another party. ProSoft
makes no warranty that the product is or will be delivered free of any person's
claiming of patent, trademark, or similar infringement. The Buyer assumes all
risks (including the risk of suit) that the product or any use of the product will
infringe existing or subsequently issued patents, trademarks, or copyrights.
