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802.11b
ProSoft Technology, Inc., Support, Service & Warranty
Industrial Hotspot
Page 96 of 99
ProSoft Technology, Inc.
April 10, 2007
7.3.5
DISCLAIMER OF ALL OTHER WARRANTIES
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
7.3.6
LIMITATION OF REMEDIES
IN NO EVENT WILL PROSOFT (OR ITS DEALER) BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT PROSOFT AND
ITS DEALER WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT
LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS
OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; LOSS OF
DATA; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT,
FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES,
INCLUDING CUSTOMERS OF THE PURCHASER; AND INJURY TO
PROPERTY.
* Some states do not allow limitations on how long an implied warranty lasts, or
allow the exclusion or limitation of incidental or consequential damages, so the
above limitations may not apply to you. This Warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
7.3.7
Time Limit For Bringing Suit
Any action for breach of warranty must be commenced within 15 months (or in
the case of RadioLinx modules, 39 months) following delivery of the Product.
7.3.8 No
Other
Warranties
Unless modified in a writing signed by both parties, this Warranty is understood
to be the complete and exclusive agreement between the parties, suspending all
oral or written prior agreements and all other communications between the
parties relating to the subject matter of this Warranty, including statements made
by salesperson. No employee of ProSoft or any other party is authorized to make
any warranty in addition to those made in this Warranty. The Customer is
warned, therefore, to check this Warranty carefully to see that it correctly reflects
those terms that are important to the Customer.
7.3.9 Intellectual
Property
1
Any documentation included with Product purchased from ProSoft is
protected by copyright and may not be photocopied or reproduced in any
form without prior written consent from ProSoft.
2
ProSoft's technical specifications and documentation that are included with
the Product are subject to editing and modification without notice.