DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES
SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS
OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, VIOTEK SPECIFICALLY DISCLAIMS
ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITA-
TION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF VIOTEK CANNOT
LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT
PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO
THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACE-
MENT SERVICE AS DETERMINED BY VIOTEK IN ITS SOLE DISCRETION. NO
RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION,
EXTENSION, OR ADDITION TO THIS WARRANTY. IF ANY TERM(S) IS HELD ILLEGAL
OR UNENFORCEABLE, THE LEGALITY AND ENFORCEABILITY OF THE REMAINING
TERMS SHALL NOT BE AFFECTED OR IMPAIRED.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW, VIOTEK IS NOT RESPONSIBLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY
BREACH OF WARRANTY OR CONDITION OR PERFORMANCE OF THE PRODUCT, OR
UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE;
LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS
OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPAT-
ED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL;
LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF
DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER
CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY
COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR
DATA STORED IN OR USED WITH THE PRODUCT AND ANY FAILURE TO
MAINTAIN
THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGO-
ING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY
CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS
NEGLIGENT ACTS AND/OR OMISSIONS. VIOTEK DISCLAIMS ANY REPRE-
SENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS
WARRANTY OR MAKE A PRODUCT EXCHANGE, AND IS UNABLE TO RECOV-
ER ANY USER SOFTWARE OR DATA ON THE DEVICE.
