Asanté Warranty Disclaimer
Asanté Technologies, Inc. makes no other warranties, express, implied or otherwise,
regarding Asanté Ethernet interface card products, and specifically disclaims any
warranty for merchantability or fitness for a particular purpose.
The exclusion of implied warranties is not permitted in some States and the
exclusions specified herein may not apply to you. This warranty provides you with
specific legal rights. There may be other rights that you have which vary from State
to State.
Apple Warranty Disclaimer
The following disclaimer is required by Apple Computer, Inc. It applies only to the
EtherTalk computer software from Apple enclosed with Asanté Ethernet interface
products. All Asanté software is covered by Asanté’s limited warranty.
APPLE COMPUTER, INC. (“APPLE”) MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE,
REGARDING THE APPLE SOFTWARE. APPLE DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE APPLE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS
AND PERFORMANCE OF THE APPLE SOFTWARE IS ASSUMED BY YOU. THE
EXCLUSION OF WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OR THE INABILITY TO USE THE APPLE SOFTWARE EVEN IF APPLE HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE MAY NOT APPLY TO YOU.
APPLE’S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE) WILL BE LIMITED TO $50.
Limitation of Liability
The liability of Asante Technologies, Inc. arising from this warranty and sale shall be
limited to a refund of the purchase price. In no event shall Asante Technologies, Inc.
be liable for costs of procurement of substitute products or services, or for any lost
profits, or for any consequential, incidental, direct or indirect damages, however
caused and on any theory of liability, arising from this warranty and sale. These
limitations shall apply notwithstanding any failure of essential purpose of any remedy.