Owner’s Guide
45
ing 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.
ADI is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting
obligations, warranties and liability as provided in this agreement, but in no other respects and
for no other purpose. The foregoing provisions shall be enforceable to the maximum extent
permitted by applicable law.
Controlling Law and Severability
This license shall be governed by the laws of the territory into which the software is sold, or if
sold into the United States of America, by the laws of the State of California.
