Waters Network Systems
User’s Manual
Page 58
PSX/MS1008-TX
no warranty that its software products will work in combination with any hardware or applications
software products provided by third parties, that the operation of the software products will be
uninterrupted or error free, or that all defects in the software products will be corrected. For any third
party products listed in the Waters software product documentation or specifications as being
compatible, Waters will make reasonable efforts to prove compatibility, except where the
non-compatibility is caused by a “bug” or defect in the third party’s product.
WARRANTIES EXCLUSIVE:
IF A WATERS PRODUCT DOES NOT OPERATE AS WARRANTED
ABOVE, CUSTOMER’S SOLE REMEDY SHALL BE REPAIR, OR REPLACEMENT, AT WATERS
OPTION. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU
OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR
BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WATERS
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE
OF ITS PRODUCTS.
WATERS SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR
WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER
INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER
CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING,
OR OTHER HAZARD.
LIMITATION OF LIABILITY:
IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) SHALL WATERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE,
LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
INTERRUPTION OF ITS PRODUCTS, EVEN IF WATERS OR ITS AUTHORIZED RESELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING HEREIN SHALL HAVE
THE EFFECT OF LIMITING OR EXCLUDING WATERS’S LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY NEGLIGENCE.
