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Allow InFocus to keep resident on your systems or sites certain system and network diagnosis and maintenance tools to facilitate
the performance of warranty support (collectively referred to as “Proprietary Service Tools”); Proprietary Service Tools are and
remain the sole and exclusive property of InFocus.
Additional Limitations:
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Products external to the system processor (CPU) box, such as external storage subsystems, printers and other peripherals, are
covered by the applicable warranty for those products or options.
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An effective repair does not necessarily require the replacement of a defective part. For example, cleaning the heads of a floppy
drive or updating revision levels of ROM BIOS on a PCA board are activities that in many instances deliver an effective repair.
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BIOS/Firmware upgrades are not covered under the Limited Warranty. Firmware that is an integral part of the option hardware
board is not automatically upgraded when new versions of firmware are released.
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It is the responsibility of the customer to ensure that their software is compatible with the latest
BIOS/firmware revision.
This Limited Warranty does not apply: (a) to consumable or expendable parts, such as batteries, or protective coatings designed to
diminish over time unless failure has occurred due to a defect in materials or workmanship; (b) to cartons, carrying cases, shipping
cases, external cabinets, accessories used in connection with the product; (c) to cosmetic damage, including but not limited to scratches,
dents, and broken plastic on ports; (d) to damage caused by use with non-InFocus products; (e) to damage caused by accident,
abuse, misuse, improper ventilation, smoke exposure, contamination, improper or inadequate maintenance, cleaning or calibration,
liquid contact, unusual physical or electrical stress and/or power surges, virus infection, fire, earthquake, disaster, lightning or other
external causes; (f) to damage caused by operating the product outside the permitted or intended uses or usage parameters described
by InFocus (including burned display screens and incorrect input voltage); (g) to damage caused by service (including upgrades and
expansions) performed by anyone other than a representative of InFocus or an InFocus Authorized Service Provider (“ASP”) or your own
installation of customer-installable parts as instructed by InFocus; (h) to a product or part that has been modified to alter functionality
or capability without the written permission of InFocus (including use of an unauthorized mount); (i) to defects caused by normal wear
and tear or otherwise due to the normal aging of the product; (j) to failure to follow maintenance procedures as outlined in the product
user documentation including where a schedule is specified for regular cleaning of certain parts (based on usage and environment); (k)
to loss or damage in transit; or (l) if the product is not used under normal operating conditions which are defined as use not in excess
of 16 hours continuously per day with a minimum 8 hour period of continuous rest in the powered off state; or (m) if any InFocus serial
number has been removed or defaced. In addition, LCD burn-in as a result of excessive display of static images on the product is not
covered under the terms of this Limited Warranty.
Important: Do not open the hardware products unless otherwise directed by InFocus for the purposes of a Customer Self Repair (CSR).
Opening the hardware products may cause damage that is not covered by this Limited Warranty. Only InFocus or an ASP should
perform service on the hardware products.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS
PERMITTED BY APPLICABLE LAW, INFOCUS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF INFOCUS CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED
WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE
DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY INFOCUS IN ITS
SOLE DISCRETION. No InFocus reseller, agent, or employee is authorized to make any modification, extension, or addition to this
warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or
impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFOCUS IS NOT RESPONSIBLE
FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR
CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS
