CHAPTER 4
Safe and Sound
47
47
ITY OF DATA STORED ON THE PRODUCT. ENERGYHUB MAKES NO WARRANTIES RESPECTING ANY HARM
THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB
OR OTHER SUCH MALICIOUS CODE. TO THE EXTENT THAT ENERGYHUB IS SUBJECT TO ANY LIABILITY,
NOTWITHSTANDING THESE LIMITATIONS AND EXCLUSIONS, ENERGYHUB’S AGGREGATE LIABILITY, IF
ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCT OR ITS PERFORMANCE OF SERVICES
SHALL BE LIMITED TO THE GREATER OF (A) ALL FEES YOU HAVE PAID TO ENERGYHUB DURING THE
12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.00. THE FORE-
GOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY
LIABILITY FOR INTENTIONAL OR GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
ENERGYHUB PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE OR RESALE AS ONLINE CONTROL FOR EQUIPMENT IN HAZARDOUS OPERATIONS
REQUIRING FAIL-SAFE PERFORMANCE (SUCH AS NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS
SYSTEMS) IN WHICH PRODUCT FAILURE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). ENERGYHUB SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
You are responsible for paying all shipping, freight, and insurance charges incurred in returning a Product to
EnergyHub. If you return a Product that EnergyHub determines to be defective and covered by the applicable
warranty and EnergyHub opts to repair or replace the Product, EnergyHub will pay to ship the repaired or
replacement Product to you via standard delivery to any address within the United States. If you return a
Product that EnergyHub determines not be defective or covered by the warranty, you will be responsible for
Содержание DB2-EZP
Страница 1: ...HOME BASE USER GUIDE ...
Страница 2: ......
Страница 53: ......
Страница 54: ...Copyright 2011 EnergyHub Inc DOC DB2 UG 110318 ...