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PMDDL2450 Operating Manual
Warranty
Microhard Systems Inc. warrants that each product will be free of defects in material and workmanship for a period of one (1)
year for its products. The warranty commences on the date the product is shipped by Microhard Systems Inc. Microhard Systems
Inc.’s sole liability and responsibility under this warranty is to repair or replace any product which is returned to it by the Buyer
and which Microhard Systems Inc. determines does not conform to the warranty. Product returned to Microhard Systems Inc. for
warranty service will be shipped to Microhard Systems Inc. at Buyer’s expense and will be returned to Buyer at Microhard
Systems Inc.’s expense. In no event shall Microhard Systems Inc. be responsible under this warranty for any defect which is
caused by negligence, misuse or mistreatment of a product or for any unit which has been altered or modified in any way. The
warranty of replacement shall terminate with the warranty of the product.
Warranty Disclaims
Microhard Systems Inc. makes no warranties of any nature of kind, expressed or implied, with respect to the hardware, software,
and/or products and hereby disclaims any and all such warranties, including but not limited to warranty of non-infringement,
implied warranties of merchantability for a particular purpose, any interruption or loss of the hardware, software, and/or product,
any delay in providing the hardware, software, and/or product or correcting any defect in the hardware, software, and/or product,
or any other warranty. The Purchaser represents and warrants that Microhard Systems Inc. has not made any such warranties to
the Purchaser or its agents MICROHARD SYSTEMS INC. EXPRESS WARRANTY TO BUYER CONSTITUTES
MICROHARD SYSTEMS INC. SOLE LIABILITY AND THE BUYER’S SOLE REMEDIES. EXCEPT AS THUS
PROVIDED, MICROHARD SYSTEMS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PROMISE.
MICROHARD SYSTEMS INC. PRODUCTS ARE NOT DESIGNED OR INTENDED TO BE USED IN
ANY LIFE SUPPORT RELATED DEVICE OR SYSTEM RELATED FUNCTIONS NOR AS PART OF
ANY OTHER CRITICAL SYSTEM AND ARE GRANTED NO FUNCTIONAL WARRANTY.
Indemnification
The Purchaser shall indemnify Microhard Systems Inc. and its respective directors, officers, employees, successors
and assigns including any subsidiaries, related corporations, or affiliates, shall be released and discharged from any
and all manner of action, causes of action, liability, losses, damages, suits, dues, sums of money, expenses
(including legal fees), general damages, special damages, including without limitation, claims for personal injuries,
death or property damage related to the products sold hereunder, costs and demands of every and any kind and
nature whatsoever at law.
IN NO EVENT WILL MICROHARD SYSTEMS INC. BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, BUSINESS INTERRUPTION, CATASTROPHIC, PUNITIVE OR OTHER
DAMAGES WHICH MAY BE CLAIMED TO ARISE IN CONNECTION WITH THE HARDWARE,
REGARDLESS OF THE LEGAL THEORY BEHIND SUCH CLAIMS, WHETHER IN TORT, CONTRACT OR
UNDER ANY APPLICABLE STATUTORY OR REGULATORY LAWS, RULES, REGULATIONS,
EXECUTIVE OR ADMINISTRATIVE ORDERS OR DECLARATIONS OR OTHERWISE, EVEN IF
MICROHARD SYSTEMS INC. HAS BEEN ADVISED OR OTHERWISE HAS KNOWLEDGE OF THE
POSSIBILITY OF SUCH DAMAGES AND TAKES NO ACTION TO PREVENT OR MINIMIZE SUCH
DAMAGES. IN THE EVENT THAT REGARDLESS OF THE WARRANTY DISCLAIMERS AND HOLD
HARMLESS PROVISIONS INCLUDED ABOVE MICROHARD SYSTEMS INC. IS SOMEHOW HELD
LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR INJURY, MICROHARD SYSTEMS INC.'S LIABILITY
FOR ANYDAMAGES SHALL NOT EXCEED THE PROFIT REALIZED BY MICROHARD SYSTEMS INC.
ON THE SALE OR PROVISION OF THE HARDWARE TO THE CUSTOMER.
Proprietary Rights
The Buyer hereby acknowledges that Microhard Systems Inc. has a proprietary interest and intellectual property rights in the
Hardware, Software and/or Products. The Purchaser shall not (i) remove any copyright, trade secret, trademark or other evidence
of Microhard Systems Inc.’s ownership or proprietary interest or confidentiality other proprietary notices contained on, or in, the
Hardware, Software or Products, (ii) reproduce or modify any Hardware, Software or Products or make any copies thereof, (iii)
reverse assemble, reverse engineer or decompile any Software or copy thereof in whole or in part, (iv) sell, transfer or otherwise
make available to others the Hardware, Software, or Products or documentation thereof or any copy thereof, except in accordance
with this Agreement.
