Product returns; or (vi) damage during shipment (other than during the original shipment of the
Product to the End User from Enable-IT, if applicable).
e. Warranty Disclaimers.
THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ENABLE-IT
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO PERSON (INCLUDING WITHOUT
LIMITATION, ENABLE-IT’S EMPLOYEES, AGENTS, RESELLERS, OEMS OR
DISTRIBUTORS) IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR
REPRESENTATION CONCERNING THE PRODUCT. IF THE DISCLAIMER OF ANY
IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH
IMPLIED WARRANTY IS LIMITED TO ONE (1) YEAR FROM THE DATE OF PURCHASE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES THE END
USER SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. ENABLE-IT DOES
NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED
OR ERROR FREE. ENABLE-IT IS NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS
OF ANY PROGRAMS, DATA, OR OTHER INFORMATION STORED ON OR TRANSMITTED
USING THE PRODUCT.
2.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ENABLE-IT BE LIABLE TO THE END USER, OR ANY THIRD PARTY, FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THE SALE OR USE OF THE PRODUCT (INCLUDING
BUT NOT LIMITED TO LOSS OF PROFIT, USE, DATA, OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, OR IN
CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ENABLE-
IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A
LIMITED REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN
NO EVENT SHALL ENABLE-IT’S LIABILITY TO THE END USER, OR ANY THIRD PARTY,
EXCEED THE PRICE PAID FOR THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO THE END USER.
3.
LICENSE AND LIMITATIONS.
The firmware and software embedded in the Product (the "Embedded Software") are licensed to you.
Your use of the Product is your acceptance of the warranty terms above and the terms below. You
may use the Embedded Software solely in conjunction with your use of the Product. All worldwide
right, title and interest in and to the Product, or any portion thereof (including but not limited to the
Embedded Software), including all copyrights, patent rights, trademarks, trade secrets, and other
intellectual property rights therein and thereto, are and shall remain the exclusive property of Enable-
IT and/or its licensors. You acknowledge and agree that you may not, and may not allow any third
party to, (i) use the Embedded Software in a manner that is inconsistent with the above express right
granted to you or (ii) modify, distribute, reproduce, decompile, disassemble, reverse engineer or
otherwise attempt to discover the source code for the Embedded Software.
All Rights Reserved © 1997 - 2020 Enable-IT
™
, Inc. Page
!
of
!
6
7