duties, insurance and customs fees are Customer’s responsibility. MicroVision will pay the freight
costs associated with the return shipment to Customer. Duties, insurance, customs and any oth-
er fee are Customer’s responsibility. The method of shipment will be at MicroVision’s discretion.
Repair or replacement of any parts or equipment does not extend the period of warranty. If a
component MicroVision bought from a third party fails and the component is still covered by a
warranty from a third party, MicroVision will take reasonable action to pass that warranty on to
customer.
THIS LIMITED WARRANTY IS MICROVISION’S ONLY WARRANTY. MICROVISION
EXPLICITLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND INFRINGEMENT
.
The warranty considerations by MicroVision set-forth above do not cover, and MicroVision
will have no obligations hereunder if any non-conformance is caused in whole or in part by
(a) accident, transportation, neglect, misuse, exposure to extreme temperatures or excessive dust or
moisture, alteration, modification or enhancement of the Prototype(s), (b) incorporation, interfacing,
attachment of any feature, program, or device to the Prototype(s) by a person or entity other
than MicroVision, (c) use of the Prototype(s) for other than the specific purpose for which the
Prototype(s) are designed or (d) any use of the Prototype(s) not in accordance with a guide or user
manual. MicroVision does not warrant that the Prototype or associated software will run error free
or without interruptions or will operate with third party applications. MicroVision is not liable for
loss of data or down time. MicroVision is not responsible for resolving software issues caused by
Customer Components or third party software.
LIMITATION OF LIABILLITY. IN NO EVENT WILL MICROVISION BE LIABLE TO CUSTOMER
FOR ANY LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, BASIS OF THAT
CLAIM, OR THE THEORY UNDER WHICH THE CLAIM IS PRESENTED, EVEN IF THAT PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
MICROVISION BE LIABLE TO CUSTOMER FOR ANY DAMAGE OR LOSS IN EXCESS OF THE
TOTAL PURCHASE PRICE PAID FOR THE PROTOTYPE(S). IN NO EVENT WILL MICROVISION
BE LIABLE FOR ANY CLAIM AGAINST IT BY ANY THIRD PARTY.
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