DW -Pro 9200 Series, Operation Instructions Manual

Page: 6 / 114

AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF
KALTECH ENTERPRISES RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE END USER.
FOR SPAIN: IN NO EVENT SHALL KALTECH ENTERPRISES BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY KALTECH ENTERPRISES’S BAD FAITH CONDUCT, FOR AN
AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF KALTECH ENTERPRISES’S LIABILITY AS STATED IN 9(b) ABOVE, BY
REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY AT LAW, OR
UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH
ANY ACT OR OMISSION OF KALTECH ENTERPRISES RELATING TO THE USE OR INABILITY TO USE THE PRODUCT BY THE
END USER.
FOR SWEDEN: IN NO EVENT SHALL KALTECH ENTERPRISES BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF DEATH,
DAMAGE TO PROPERTY OR PERSONAL INJURY CAUSED BY KALTECH ENTERPRISES’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT, FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF KALTECH ENTERPRISES’S LIABILITY AS STATED
IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR OTHER TERM OR ANY DUTY
AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS
OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE) ARISING OUT OF OR IN
CONNECTION WITH ANY ACT OR OMISSION OF KALTECH ENTERPRISES RELATING TO THE USE OR INABILITY TO USE THE
PRODUCT BY THE END USER.
FOR THE UNITED KINGDOM: IN NO EVENT SHALL KALTECH ENTERPRISES BE LIABLE TO THE END USER, EXCEPT IN RESPECT OF
(a) DEATH OR PERSONAL INJURY CAUSED BY KALTECH ENTERPRISES’S NEGLIGENCE OR (b) DAMAGE TO PROPERTY OR
OTHER LOSS CAUSED BY KALTECH ENTERPRISES WHERE SUCH LIABILITY LIMITATION IS UNREASONABLE UNDER ALL
RELEVANT CIRCUMSTANCES. FOR AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF KALTECH ENTERPRISES’S
LIABILITY AS STATED IN 9(b) ABOVE, BY REASON OF ANY REPRESENTATION OR IMPLIED WARRANTY, CONDITION, OR
OTHER TERM OR ANY DUTY AT LAW, OR UNDER THE TERMS OF THIS AGREEMENT, FOR ANY CONSEQUENTIAL LOSS OR
DAMAGE (WHETHER FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERWISE)
ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF KALTECH ENTERPRISES RELATING TO THE USE OR
INABILITY TO USE THE PRODUCT BY THE END USER
11. NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES
In no event shall Kaltech Enterprises or its Licensor's be liable for any damages whatsoever (including, without limitation, incidental,
direct, indirect, special or consequential damages, damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use or inability to use this Software, even if Kaltech Enterprises or its Licensor's
have been advised of the possibility of such damages. Because some states/ countries do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitation may not apply to you.
12. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is
not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce
some or all of the agreement in other situations.
13. This License constitutes the entire agreement between the End User and KALTECH ENTERPRISES pertaining to its subject
matter. This License is governed by the laws of the State of Washington (except the body of laws controlling conflict laws). The state
and federal courts having appropriate jurisdiction over the State of Washington will pursue any litigation arising from this license. Even if
part of the agreement is held invalid, the rest of the agreement shall still be valid, binding, and enforceable. The failure of either party to
exercise a right does not waive future exercise of that right or other rights.
Should the End User have any questions concerning this License, or if the End User desires to contact Kaltech Enterprises for any reason,
please write: Kaltech Enterprises 5436 W Crenshaw St Tampa Fl 33634
Copyright© 2001, Kaltech Enterprises All rights reserved.