natus Camino ICP, User Manual

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5. Limitation of Liability
5.1 THE WARRANTIES DESCRIBED IN SECTION 1 HEREOF ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES
OF NATUS MEDICAL INCORPORATED OR ITS SERVICE AGENTS WITH RESPECT TO THE QUALITY, PERFORMANCE AND OPERATION OF
THE EQUIPMENT, WRITTEN OR ORAL, EXPRESSED OR IMPLIED, AND WHETHER OR NOT ATTRIBUTABLE TO SERVICE PERFORMED
PURSUANT TO THE WARRANTY. ALL OTHER REPRESENTATIONS OR WARRANTIES OF NATUS MEDICAL INCORPORATED OR ITS
REPRESENTATIVES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR THE SERVICES, DIAGNOSES, ADVICE, ASSISTANCE OR
PARTS TO BE TENDERED PURSUANT TO THE WARRANTY, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL NATUS MEDICAL INCORPORATED, ITS AFFILIATES,
ASSIGNEES OR SERVICE AGENTS BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, CON SEQUENTIAL, SPECIAL OR OTHER DAMAGES, WHETHER ARISING IN CONTRACTOR IN TORT, BY VIRTUE OF THE
WARRANTY OR ANY PERFORMANCE OR BREACH BY NATUS MEDICAL INCORPORATED, ITS AFFILIATES, ASSIGNEES OR SERVICE
AGENTS HEREUND ER OR PURSUANT HERETO IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO NATUS MEDICAL INCORPORATED
DURING THE WARRANTY PERIOD.
5.2 Customer agrees that, notwithstanding the technical assistance provided pursuant to the Warranty by Natus Neuro or its representatives,
Customer shall be fully responsible for all treatments performed or attempted with the Equipment. NATUS MEDICAL INCORPORATED
MAKES NO REPRESENTATION OR WARRANTY AS TO THE EFFICACY OF THE EQUIPMENT OR OF THE TECHNICAL ASSISTANCE TO BE
RENDERED BY NATUS MEDICAL INCORPORATED ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS, FOR PURPOSES OF THE PARTICULAR
TREATMENT THAT CUSTOMER UNDERTAKES TO PERFORM FOR THIRD PARTIES. Moreover, Customer shall not make any claim against Natus
Neuro or any of its affiliates, assignees or representatives with respect to the efficacy of the Equipment or of said technical assistance or with
respect to any claims by third parties related to any treatment undertaken by Customer.
5.3 Force Majeure. Notwithstanding anything to the contrary herein contained, if the performance of the Warranty by Natus Neuro or Customer or
any obligation of Natus Neuro or Customer hereunder is prevented, restricted or interfered with by reason of fire, explosion, act of God, labor
disputes or accidents affecting performance under the Warranty, or war, mobilization, civil commotions, blockade or embargo, or any future
law, regulation, ordinance or requirement of any government or regulatory agency or any other act, whatsoever similar to those above
enumerated, or any other circumstance being beyond the reasonable control of Natus Neuro or Customer, then and in that event Natus Neuro
or Customer, as the case may be, shall promptly notify the other party hereto of the resulting difficulties therefrom, and any of the foregoing
events shall excuse any performance required under the Warranty.