10
neglect, abuse, willful damage, abnormal working conditions, failure to follow RISCO’s
instructions (whether oral or in writing); (c) have been misused, altered, modified or
repaired without RISCO’s written approval or combined with, or installed on products,
or equipment of the customer or of any third party; (d) have been damaged by any
factor beyond RISCO’s reasonable control such as, but not limited to, power failure,
electric power surges, or unsuitable third party components and the interaction of
software therewith or (e) any delay or other failure in performance of the product
attributable to any means of communications, provided by any third party service
provider (including, but not limited to) GSM interruptions, lack of or internet outage
and/or telephony failure.
BATTERIES ARE EXPLICITLY EXCLUDED FROM THE WARRANTY AND RISCO
SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN RELATION THERETO, AND
THE ONLY WARRANTY APPLICABLE THERETO, IF ANY, IS THE BATTERY
MANUFACTURER'S WARRANTY.
RISCO makes no other warranty, expressed or implied, and makes no warranty of
merchantability or of fitness for any particular purpose. For the sake of good order and
avoidance of any doubt:
DISCLAIMER
. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, RISCO AND
ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY,
REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH
REGARD TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND LOSS
OF DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RISCO
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE
OPERATION OR USE OF THE PRODUCT WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR-FREE; (ii) THAT ANY FILES, CONTENT OR
INFORMATION OF ANY KIND THAT MAY BE ACCESSED THROUGH THE
PRODUCT BY CUSTOMER OR END USER SHALL REMAIN SECURED OR NON
DAMAGED. CUSTOMER ACKNOWLEDGES THAT NEITHER RISCO NOR ITS
LICENSORS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS
FACILITIES, INCLUDING THE INTERNET, GSM OR OTHER MEANS OF
COMMUNICATIONS AND THAT RISCO’S PRODUCTS, MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF
SUCH MEANS OF COMMUNICATIONS.
RISCO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR
OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. RISCO WARRANTS
THAT ITS PRODUCTS DO NOT, TO THE BEST OF ITS KNOWLEDGE, INFRINGE
