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Chapter 9:
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a) improper or inadequate maintenance, or unauthorized modification(s),
performed by the end user;
b) operation outside the environmental specifications for the product;
c) accident, misuse, negligence, misapplication, abuse, natural or personal
disaster, or maintenance by anyone other than a Promise or a
Promise-authorized service center.
Disclaimer of other warranties
This warranty covers only parts and labor, and excludes coverage on software
items as expressly set above.
Except as expressly set forth above, Promise DISCLAIMS any warranties,
expressed or implied, by statute or otherwise, regarding the product, including,
without limitation, any warranties for fitness for any purpose, quality,
merchantability, non-infringement, or otherwise. Promise makes no warranty or
representation concerning the suitability of any product for use with any other
item. You assume full responsibility for selecting products and for ensuring that
the products selected are compatible and appropriate for use with other goods
with which they will be used.
Promise DOES NOT WARRANT that any product is free from errors or that it will
interface without problems with your computer system. It is your responsibility to
back up or otherwise save important data before installing any product and
continue to back up your important data regularly.
No other document, statement or representation may be relied on to vary the
terms of this limited warranty.
Promise’s sole responsibility with respect to any product is to do one of the
following:
a) replace the product with a conforming unit of the same or superior
product;
b) repair the product.
Promise shall not be liable for the cost of procuring substitute goods, services,
lost profits, unrealized savings, equipment damage, costs of recovering,
reprogramming, or reproducing of programs or data stored in or used with the
products, or for any other general, special, consequential, indirect, incidental, or
punitive damages, whether in contract, tort, or otherwise, notwithstanding the
failure of the essential purpose of the foregoing remedy and regardless of
whether Promise has been advised of the possibility of such damages. Promise
is not an insurer. If you desire insurance against such damage, you must obtain
insurance from another party.
Some states do not allow the exclusion or limitation of incidental or
consequential damages for consumer products, so the above limitation may not
apply to you.
This warranty gives specific legal rights, and you may also have other rights that
vary from state to state. This limited warranty is governed by the State of