TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES,
REMEDIES AND LIMITATIONS CONTAINED
HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, CORRESPONDENCE WITH DESCRIPTION
AND NON-INFRINGEMENT, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. DIAMOND WILL NOT BE LIABLE UNDER
THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE
THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT
OR SOFTWARE DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER’S OR ANY THIRD PARTY’S MISUSE, NEGLECT,
IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED
ATTEMPTS TO OPEN, REPAIR OR MODIFY THE PRODUCT OR
SOFTWARE, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE
INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER
HAZARDS, OR ACTS OF GOD. THIS WARRANTY WILL NOT APPLY
TO PRODUCTS USED FOR NUCLEAR RELATED, WEAPONS
RELATED, MEDICAL OR LIFE SAVING PURPOSES. TO THE
FULLEST EXTENT ALLOWED BY LAW, DIAMOND ALSO EXCLUDES
FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR
OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS,
EVEN IF DIAMOND, ITS SUPPLIERS OR ITS RESELLER HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. DIAMOND ’S
SOLE LIABILITY WITH RESPECT TO ITS PRODUCT IS
LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT
DIAMOND ’S OPTION. THIS DISCLAIMER OF LIABILITY FOR
DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
HEREIN SHALL FAIL FOR ESSENTIAL PURPOSE.
DISCLAIMER: Some jurisdictions may not allow the exclusion or
limitation of incidental or consequential damages for products supplied to
consumers, or the limitation of liability for personal injury, so the
foregoing limitations and exclusions may not apply or may be limited in
their application to you. When implied warranties are not allowed to be
excluded in their entirety, they will be limited to the duration of the
applicable written warranty. This warranty gives you specific legal rights
that may vary depending on the law of the applicable jurisdiction.
OBTAINING WARRANTY SERVICE: Please review the online "help"
resources referred to in the accompanying documentation
before seeking warranty service. If the product is still not functioning
properly after making use of these resources,
please access the online help website at diamondmm.com for warranty
instructions or to obtain warranty services. Some
additional charges may apply for phone support.
