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This warranty and warranty disclaimer give you specific legal rights, and you may
have other rights that vary by state, province, or country. Other than as permitted
by law, NX Tech does not exclude, limit or suspend other rights you have, including
those that may arise from the nonconformity of a sales contract.
For a full understanding of your rights, you should consult the laws of your state,
province, or country. For our Australian customers: Please note that this warranty
is in addition to any statutory rights in Australia in relation to your goods which,
pursuant to the Australian Consumer Law, cannot be excluded.
LIMITATIONS OF NX Tech LIABILITY
Under no circumstances will NX Tech be liable in any way for any content, including,
but not limited to, the loss of content, any errors or omissions in any content, or
any loss or damage of any kind incurred in connection with use of or exposure to
any content posted, emailed, accessed, transmitted, or otherwise made available
via NX Tech.
NX Tech liability for damages, especially for breach of duty or obligation, delay
in performance, non-performance, or malperformance shall be precluded, except
when these are due to negligent breaches of any significant contractual duty or
obligation on the part of NX Tech. Any liability for negligence is limited to direct
losses usually and typically foreseeable in such case. Should the claim for damages
be based on wilful or grossly negligent breach of contractual duty or obligation
on the part of NX Tech, the preclusion and limitation of liability mentioned in the
preceding sentences will not apply. The preceding preclusion and limitation of
liability will also not apply to claims for damages arising out of loss of life, bodily
injury or health impacts for which NX Tech may be liable, or for non-contractual
liability.
Some states and countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
Additionally, this provision is not intended to limit NX Tech’s liability in the event of
NX Tech’s wilful or intentional misconduct.
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