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6
TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HARDWARE, COMPONENTS AND SOFTWARE PROVIDED
BY, THROUGH OR UNDER KVM Switch Tech, INC (COLLECTIVELY, THE “PRODUCT”). By using installing or using the Product, you unconditionally signify your
agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Product and return the Product to KVM Switch Tech,
Inc. at the return address set forth on the Product’s packing label at your expense. KVM Switch Tech, Inc. may modify these Terms and Conditions at anytime,
without notice to you.
RESTRICTIONS ON USE OF THE PRODUCT
It is your responsibility to read and understand the installation and operation instructions, both verbal and in writing, provided to you with respect to the Product.
You are authorized to use the Product solely in connection with such instructions. Any use of the Product not in accordance with such instructions shall void any
warranty pertaining to the Product. Any and all damages that may occur in the use of the Product that is not strictly in accordance with such instructions shall be
borne by you and you agree to indemnify and hold harmless KVM Switch Tech, Inc. from and against any such damage.
The Product is protected by certain intellectual property rights owned by or licensed to KVM Switch Tech. Any intellectual property rights pertaining to the Product
are licensed to you by KVM Switch Tech, Inc. and/or its affiliates, including any manufacturers or distributors of the Product (collectively, “KVM Switch Tech”) for
your personal use only, provided that you do not change or delete any proprietary notices that may be provided with respect to the Product.
The Product is sold to you and any use of any associated intellectual property is deemed to be licensed to you by KVM Switch Tech for your personal use only. KVM
Switch Tech does not transfer either the title or the intellectual property rights to the Product and KVM Switch Tech retains full and complete title to the intellectual
property rights therein. All trademarks and logos are owned by KVM Switch Tech or its licensors and providers of the Product, and you may not copy or use them
in any manner without the prior written consent of KVM Switch Tech, which consent may be withheld at the sole discretion of KVM Switch Tech.
The functionality and usability of the Product is controlled by KVM Switch Tech, Inc. from its offices within the State of Texas, United States of America. KVM Switch
Tech makes no representation that materials pertaining to the Product are appropriate or available for use in other locations other than the shipping address you
provided with respect thereto. You are advised that the Product may be subject to U.S. export controls.
Disclaimers and Limitation of Liability
KVM Switch Tech may change or modify the Product at any time, from time to time.
THE PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KVM Switch Tech DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT’S CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
KVM Switch Tech has no duty or policy to update any information or statements pertaining to the Product and, therefore, such information or statements should
not be relied upon as being current as of the date you use the Product. Moreover, any portion of the materials pertaining to the Product may include technical
inaccuracies or typographical errors. Changes may be made from time to time without notice with respect to the Product.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KVM SWITCH TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KVM SWITCH TECH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION WITH RESPECT TO THE
PRODUCT. KVM SWITCH TECH DOES NOT WARRANT THAT THE FUNCTIONS PERTAINING TO THE PRODUCT WILL BE ERROR-FREE, THAT DEFECTS
WITH RESPECT TO THE PRODUCT WILL BE CORRECTED, OR THAT THE MATERIALS PERTAINING THERETO ARE FREE OF DEFECTS OR OTHER
HARMFUL COMPONENTS. KVM SWITCH TECH WILL USE ITS REASONABLE EFFORTS TO CORRECT ANY DEFECTS IN THE PRODUCT UPON TIMELY
WRITTEN NOTICE FROM YOU NOT TO EXCEED 10 BUSINESS DAYS AFTER RECEIPT BY YOU OF THE PRODUCT, BUT YOU (AND NOT KVM SWITCH
TECH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION THAT WAS CAUSED BY YOU UNLESS OTHERWISE
AGREED TO IN A SEPARATE WRITING BY KVM SWITCH TECH.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KVM SWITCH TECH BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE PRODUCT IN ACCORDANCE WITH ITS SPECIFICATIONS,
EVEN IF KVM SWITCH TECH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KVM
SWITCH’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED
THE AMOUNT YOU PAID TO KVM SWITCH TECH, IF ANY, FOR THE PRODUCT.
