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Human NIBP Nano
Owner’s Guide
General Limitations
ADI products are produced to high standards, and should perform as described in
the supplied documentation. There is a limited hardware warranty, and technical
support is provided for all ADI products. Nevertheless, since ADI products could
be affected by external factors (for instance, the computer system on which they
run and other hardware and/or software provided by third parties), absolute
performance and reliability of products and the overall solution cannot be
guaranteed. No warranty, either expressed or implied or statutory, other than
that expressly contained in this Agreement, is made in respect to ADI products
or software, third party products or software, the overall solution or otherwise.
The Purchaser therefore assumes all risks as to the performance and reliability of
the products, the software, the solution and the results gained using them. ADI
neither assumes or authorizes any person to assume on its behalf any liability in
connection with the sale, installation, service or use of its products. ADI shall not
be held responsible for special, consequential or punitive damages of any kind
arising out of sale, installation service or use of its products.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN, THE SOLUTION AS WELL
AS ALL EQUIPMENT AND SOFTWARE PROVIDED HEREUNDER ARE PROVIDED “AS IS”
AND ADI MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR
ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH
CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, ADI AND ITS SUPPLIERS
MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE)
AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR
A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE
SOLUTION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION
OF, USE OF, AND RESULTS OBTAINED FROM THE EQUIPMENT AND SOFTWARE.
WITHOUT LIMITING THE FOREGOING PROVISIONS, ADI MAKES NO WARRANTY
THAT THE EQUIPMENT OR SOFTWARE WILL BE ERROR-FREE OR FREE FROM
INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE OR EQUIPMENT
WILL MEET YOUR REQUIREMENTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE, SHALL ADI OR ITS SUPPLIERS BE LIABLE TO PURCHASER
OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES
FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL ADI OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR
THE EQUIPMENT AND SOFTWARE, EVEN IF ADI, OR ITS AUTHORIZED PARTNERS OR
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
