Sensaphone CELL682 - Manual (Page 8)

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Cell682 User’s Manual
TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO
EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUPTION
LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR
FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO
CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT
CAUSED BY WARRANTORS’ NEGLIGENCE.
WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A
CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR
ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS,
INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR
SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE
CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS
GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND
AND HOLD HARMLESS WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY
AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES,
DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE
DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING
ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION,
OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND
SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT
A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’
NEGLIGENCE.
YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE
WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES
POTENTIALLY ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON
ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED
TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT
MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO
USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE
WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR
NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE
THE EXPRESS TERMS OF THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED
HEREIN CONSTITUTE THE SOLE WARRANTY OR WARRANTIES TO THE PURCHASER.
ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE
WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A
PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING
FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
IT MUST BE CLEAR THAT THE WARRANTORS ARE NOT INSURING YOUR PREMISES
OR BUSINESS OR GUARANTEEING THAT THERE WILL NOT BE DAMAGE TO YOUR
PERSON OR PROPERTY OR BUSINESS IF YOU USE THIS PRODUCT. YOU SHOULD
MAINTAIN INSURANCE COVERAGE SUFFICIENT TO PROVIDE COMPENSATION FOR
ANY LOSS, DAMAGE, OR EXPENSE THAT MAY ARISE IN CONNECTION WITH THE USE
OF PRODUCTS OR SERVICES, EVEN IF CAUSED BY WARRANTORS’ NEGLIGENCE. THE
WARRANTORS ASSUME NO LIABILITY FOR INSTALLATION OF THE PRODUCT AND/