MICROMATIC.COM
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(866) 327-4159 NITROGEN INFUSION MODULE INSTALLATION, USE & MAINTENANCE GUIDE
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STANDARD TERMS & CONDITIONS FOR USE OF PRODUCT; LIMITED WARRANTY; INDEMNIFICATION
By opening the packaging containing this product or by using such product in any manner, you are consenting and agreeing to be bound by the
following terms and conditions. You are also agreeing that the following terms and conditions constitute a legally valid and binding contract that is
enforceable against you. If you do not agree to all of the terms and conditions set forth below, you must promptly return the product for a full refund
prior to using the product in any manner.
ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON PURCHASER’S
ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING UPON MICRO MATIC USA, INC. UNLESS AGREED TO IN
WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF MICRO MATIC. Purchaser, by accepting the product shall be deemed to have
assented to the terms and conditions set forth herein, notwithstanding any terms contained in any prior or later communications from purchaser
and whether or not Micro Matic shall specifically or expressly object to any such terms.
To the maximum extent permitted by law, with respect to Product proved to Micro Matic’s satisfaction to be defective or nonconforming,
Purchaser’s exclusive remedy and Micro Matic’s maximum liability hereunder in any case is expressly limited to, at Micro Matic’s election, (i)
the repair or replacement of the Product without charge or refund of the purchase price, upon return of the Product in accordance with Micro
Matic’s instructions above, or (ii) the repayment of, or crediting the Purchaser with, an amount equal to the purchase price of the Product. To
the maximum extent permitted by law, Micro Matic is not responsible for, and Purchaser releases Micro Matic from direct, special, punitive,
incidental or consequential damages of any kind arising from any use or failure of, or related in any way to the Product, or based upon any
contract, tort, strict liability or other legal or equitable theory, including without limitation loss of beverage, loss of gas, loss of sales, loss of
work, downtime, or for any other labor or any other expense, damage or loss including personal injury or property damage, unless such personal
injury or property damage is caused by Micro Matic’s gross negligence, even if Micro Matic has been advised of the possibility of such damage
or loss. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
USE OF PRODUCT
Purchaser agrees that no rights or licenses under Micro Matic’s patents shall be implied from the sale of the Product, and Purchaser does not
receive any right under Micro Matic’s patent rights hereunder.
PURCHASER HEREBY GRANTS TO MICRO MATIC A NONEXCLUSIVE, WORLDWIDE, UNRESTRICTED, ROYALTY-FREE, FULLY PAID-UP LICENSE, WITH THE
RIGHT TO GRANT AND AUTHORIZE SUB-LICENSES, UNDER ANY AND ALL PATENT RIGHTS IN INVENTIONS COMPRISING MODIFICATIONS, EXTENSIONS,
OR ENHANCEMENTS MADE BY PURCHASER TO THE PRODUCT OR TO THE MANUFACTURE OR USE OF THE PRODUCT (“IMPROVEMENT PATENTS”),
TO MAKE, HAVE MADE, USE, IMPORT, OFFER FOR SALE OR SELL ANY AND ALL PRODUCT; EXPLOIT ANY AND ALL METHODS OR PROCESSES; AND
OTHERWISE EXPLOIT IMPROVEMENT PATENTS FOR ALL PURPOSES.
Purchaser acknowledges that, unless otherwise indicated on the Product label, the Product has not received approval from any federal, state
or local regulatory agencies. Purchaser has the responsibility and hereby expressly assumes the risk to learn the hazards involved in using
the Product. Purchaser also has the duty to warn Purchaser’s customers, employees, agents, assigns, officers, successors and any auxiliary
or third party personnel of any and all risks involved in using or handling the Product. Purchaser agrees to comply with instructions furnished
by Micro Matic relating to the use of the Product and expressly represents and warrants to Micro Matic that Purchaser will use the Product in
accordance with the Product label and the instructions in this manual and in accordance with the practices of a reasonable person and all laws
and regulations now and hereinafter enacted; and Purchaser shall not misuse the Product in any manner. Purchaser shall not reverse engineer,
decompile, disassemble or modify the Product. Purchaser acknowledges that Micro Matic retains ownership or license rights of all patents,
trademarks, trade secrets and other proprietary rights relating to or residing in the Product and Purchaser receives no rights to such intellectual
property rights by virtue of its purchase of Product other than as expressly set forth herein. Purchaser shall have no right to use any trademarks
owned or licensed to Micro Matic without the express written permission of Micro Matic.
RELEASE AND INDEMNITY
By operating this Product, the Purchaser hereby takes full responsibility for any risks associated with its use. Purchaser agrees to fully release,
discharge, disclaim and renounce any and all claims, demands, actions, causes of action and/or suits in law or equity, now existing or hereafter
arising, whether known or unknown, against Micro Matic, and its officers, directors, employees, agents, successors and assigns (collectively
the “Released Parties”), with respect to the use of the Product. Purchaser agrees to fully protect, defend, and indemnify, hold harmless the
Released Parties from and against all liability, losses, damages, costs, or expenses of any nature, including without limitation, reasonable
attorney’s fees, which they may at any time suffer, incur, or be required to pay resulting from or arising out of (i) any ordinary hazards that may
be present in the normal operation of the Product; (ii) any claim of injury, illness, or death resulting from consuming beverages dispensed by
the Product, whether or not prepared as specified by the Product; (iii) any hazards from the use or misuse of the Product; (iv) any claim that
the Product is defective, negligently designed or manufactured in any manner, or otherwise determined to be the cause of injury or death to
persons, or damage to property, or both; (v) any claim that the Product or the manufacture, sale, or labeling of the Product fails to comply
with any governmental requirement, or the labeling on the Product, or on or within the packaging for the Product (including any instructions or
warnings), is inadequate in any manner; (vi) any claim that the Product should have been recalled pursuant to any governmental requirement;
(vii) Micro Matic’s negligence or willful misconduct in supplying the Product; or (viii) any injuries, losses, or damages (compensatory, direct,
incidental, consequential or otherwise) of any kind arising in connection with or as a result of possession or use of the Product. Purchaser shall
fully cooperate with the Released Parties in the investigation and determination of the cause of any accident involving the Product which results
in personal injury or property damage and shall make available to the Released Parties all statements, reports, recordings and tests made by
Purchaser or made available to Purchaser by others. If you do not consent to this indemnification, you must promptly return the Product for a
full refund prior to using the Product in any manner.
WARRANTY INFORMATION
