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(b) any Product which has been disassembled, repaired,
tampered with, altered, changed, or modifi ed by persons
other than Olympus’s own authorized service personnel
unless repair by others is made with the written consent of
Olympus;
(c) defects or damage to the Products resulting from wear,
tear, misuse, abuse, negligence, sand, liquids, impact,
improper storage, nonperformance of scheduled operator
and maintenance items, battery leakage, use of non-
“OLYMPUS” brand accessories, consumables, or supplies,
or use of the Products in combination with non-compatible
devices;
(d) software programs;
(e) supplies and consumables (including but not limited to
lamps, ink, paper, fi lm, prints, negatives, cables and
batteries); and/or
(f) Products which do not contain a validly placed and recorded
Olympus serial number, unless they are a model on which
Olympus does not place and record serial numbers.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH
ABOVE, OLYMPUS MAKES NO AND DISCLAIMS ALL OTHER
REPRESENTATIONS, GUARANTIES, CONDITIONS, AND
WARRANTIES CONCERNING THE PRODUCTS, WHETHER
DIRECT OR INDIRECT, EXPRESS OR IMPLIED, OR ARISING
UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OR REPRESENTATION AS TO THE SUITABILITY,
DURABILITY, DESIGN, OPERATION, OR CONDITON OF
THE PRODUCTS (OR ANY PART THEREOF) OR THE
MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS
FOR A PARTICULAR PURPOSE, OR RELATING TO THE
INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER
PROPRIETARY RIGHT USED OR INCLUDED THEREIN.
IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW,
THEY ARE LIMITED IN DURATION TO THE LENGTH OF THIS
LIMITED WARRANTY.
SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR
LIMITATION OF WARRANTIES AND/OR LIMITATION OF
LIABILITY SO THE ABOVE DISCLAIMERS AND EXCLUSIONS
MAY NOT APPLY.
THE CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR
ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM
STATE TO STATE.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT
OLYMPUS SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGES THAT THE CUSTOMER MAY INCUR FROM
DELAYED SHIPMENT, PRODUCT FAILURE, PRODUCT
DESIGN, SELECTION, OR PRODUCTION, IMAGE OR DATA
LOSS OR IMPAIRMENT OR FROM ANY OTHER CAUSE,
WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) OR OTHERWISE. IN NO EVENT SHALL
OLYMPUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR
LOSS OF USE), WHETHER OR NOT OLYMPUS SHALL BE
OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH
POTENTIAL LOSS OR DAMAGE.
Representations and warranties made by any person, including
but not limited to dealers, representatives, salespersons, or
agents of Olympus, which are inconsistent or in confl ict with
or in addition to the terms of this limited warranty, shall not be
binding upon Olympus unless reduced to writing and approved
by an expressly authorized offi cer of Olympus.
This limited warranty is the complete and exclusive statement of
warranty which Olympus agrees to provide with respect to the
Products and it shall supersede all prior and contemporaneous
oral or written agreements, understandings, proposals, and
communications pertaining to the subject matter hereof.
This limited warranty is exclusively for the benefi t of the original
customer and cannot be transferred or assigned.
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