© Microhard Systems Inc.
Confidential
2
Important User Information
Warranty
Microhard Systems Inc. warrants that each product will be free of defects in material and workmanship for a period of one (1) year for its
products. The warranty commences on the date the product is shipped by Microhard Systems Inc. Microhard Systems Inc.
’
s sole liability and
responsibility under this warranty is to repair or replace any product which is returned to it by the Buyer and which Microhard Systems Inc.
determines does not conform to the warranty. Product returned to Microhard Systems Inc. for warranty service will be shipped to Microhard
Systems Inc. at Buyer
’
s expense and will be returned to Buyer at Microhard Systems Inc.
’
s expense. In no event shall Microhard Systems
Inc. be responsible under this warranty for any defect which is caused by negligence, misuse or mistreatment of a product or for any unit
which has been altered or modified in any way. The warranty of replacement shall terminate with the warranty of the product.
Warranty Disclaims
Microhard Systems Inc. makes no warranties of any nature of kind, expressed or implied, with respect to the hardware, software, and/or
products and hereby disclaims any and all such warranties, including but not limited to warranty of non
-
infringement, implied warranties of
merchantability for a particular purpose, any interruption or loss of the hardware, software, and/or product, any delay in providing the hard-
ware, software, and/or product or correcting any defect in the hardware, software, and/or product, or any other warranty. The Purchaser
represents and warrants that Microhard Systems Inc. has not made any such warranties to the Purchaser or its agents MICROHARD SYS-
TEMS INC. EXPRESS WARRANTY TO BUYER CONSTITUTES MICROHARD SYSTEMS INC. SOLE LIABILITY AND THE BUY-
ER
’
S SOLE REMEDIES. EXCEPT AS THUS PROVIDED, MICROHARD SYSTEMS INC. DISCLAIMS ALL WARRANTIES, EX-
PRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROMISE.
MICROHARD SYSTEMS INC. PRODUCTS ARE NOT DESIGNED OR INTENDED TO BE USED IN ANY LIFE SUPPORT
RELATED DEVICE OR SYSTEM RELATED FUNCTIONS NOR AS PART OF ANY OTHER CRITICAL SYSTEM AND ARE
GRANTED NO FUNCTIONAL WARRANTY.
Indemnification
The Purchaser shall indemnify Microhard Systems Inc. and its respective directors, officers, employees, successors and assigns including any
subsidiaries, related corporations, or affiliates, shall be released and discharged from any and all manner of action, causes of action, liability,
losses, damages, suits, dues, sums of money, expenses (including legal fees), general damages, special damages, including without limita-
tion, claims for personal injuries, death or property damage related to the products sold hereunder, costs and demands of every and any kind
and nature whatsoever at law.
IN NO EVENT WILL MICROHARD SYSTEMS INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCI-
DENTAL, BUSINESS INTERRUPTION, CATASTROPHIC, PUNITIVE OR OTHER DAMAGES WHICH MAY BE CLAIMED TO
ARISE IN CONNECTION WITH THE HARDWARE, REGARDLESS OF THE LEGAL THEORY BEHIND SUCH CLAIMS, WHETH-
ER IN TORT, CONTRACT OR UNDER ANY APPLICABLE STATUTORY OR REGULATORY LAWS, RULES, REGULATIONS,
EXECUTIVE OR ADMINISTRATIVE ORDERS OR DECLARATIONS OR OTHERWISE, EVEN IF MICROHARD SYSTEMS INC.
HAS BEEN ADVISED OR OTHERWISE HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND TAKES NO AC-
TION TO PREVENT OR MINIMIZE SUCH DAMAGES. IN THE EVENT THAT REGARDLESS OF THE WARRANTY DISCLAIM-
ERS AND HOLD HARMLESS PROVISIONS INCLUDED ABOVE MICROHARD SYSTEMS INC. IS SOMEHOW HELD LIABLE OR
RESPONSIBLE FOR ANY DAMAGE OR INJURY, MICROHARD SYSTEMS INC.'S LIABILITY FOR ANYDAMAGES SHALL NOT
EXCEED THE PROFIT REALIZED BY MICROHARD SYSTEMS INC. ON THE SALE OR PROVISION OF THE HARDWARE TO
THE CUSTOMER.
Proprietary Rights
The Buyer hereby acknowledges that Microhard Systems Inc. has a proprietary interest and intellectual property rights in the Hardware,
Software and/or Products. The Purchaser shall not (i) remove any copyright, trade secret, trademark or other evidence of Microhard Systems
Inc.
’
s ownership or proprietary interest or confidentiality other proprietary notices contained on, or in, the Hardware, Software or Products,
(ii) reproduce or modify any Hardware, Software or Products or make any copies thereof, (iii) reverse assemble, reverse engineer or decom-
pile any Software or copy thereof in whole or in part, (iv) sell, transfer or otherwise make available to others the Hardware, Software, or
Products or documentation thereof or any copy thereof, except in accordance with this Agreement.
