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PASS
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ONE YEAR HARDWARE WARRANTY: Pangolin warrants that PASS will perform substantially in
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accordance with the specifications and behavior described in this manual, under normal use, for a
period of one (1) year from the date of purchase.
LIMITATION OF LIABILITY: PANGOLIN SHALL NOT BE RESPONSIBLE FOR DAMAGES FOR LOSS OF USE
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OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER COSTS, EXPENSES, OR
DAMAGES, INCLUDING LASER SAFETY RELATED DAMAGES, RESULTING FROM USING PASS IN A
MANNER THAT IS NOT IN STRICT ACCORDANCE TO PANGOLIN’S INSTRUCTIONS, even if Pangolin
has been advised of the possibility of such damages. You (and not Pangolin) assume the entire cost
of all necessary servicing, repairs, safety measures or corrections. In no event shall Pangolin's total
liability to you for all damages, losses, and causes of action (whether in contract, tort (including
negligence) or otherwise) exceed the amount paid by you for PASS.
LEGAL RIGHTS: Some states, provinces or other jurisdictions do not allow the limitation or
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exclusion of liability for incidental or consequential damages so the above limitations or
exclusions may not apply to you. This warranty gives you specific legal rights, and you may
also have other rights that vary from state to state, or by province or other jurisdiction.
INDEMNIFICATION: You agree, at your own expense, to defend, indemnify and hold harmless
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Pangolin (including its officers, directors, employees and agents) from and against any third-
party liabilities, claims, demands or suits asserting a claim or claims against Pangolin as a
result of injury caused by your use of the PASS in a manner that is not in strict accordance
with Pangolin’s instructions or documentation including this Agreement, and you agree to
pay all damages awarded or agreed to under a settlement of such claim (provided, however,
you may not enter into any settlement that imposes a financial obligation or admission of
liability on Pangolin without Pangolin’s prior written consent).
AGREEMENT LENGTH AND TERMINATION PROCEDURE: This Agreement is effective until terminated.
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You may terminate this Agreement at any time by sending written notice to Pangolin Laser
Systems, Inc. If you fail to comply with any provisions of this Agreement, the Agreement will
terminate immediately without notice from Pangolin. Upon termination, whether by you
(voluntarily) or by Pangolin (due to Agreement violations), you must A) return the PASS Hardware
to Pangolin, and B) send a certified or traceable (e.g., FedEx) letter to Pangolin signed by you
attesting to your compliance with this termination provision.
GOVERNING LAW AND SEVERABILITY: This Agreement shall be governed and construed in
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accordance with the laws of the United States and the State of Florida, without regard to any
jurisdiction’s conflicts of law rules. If, for any reason, a court of competent jurisdiction finds any
provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced
to the maximum extent permissible so as to give effect to the intent of the parties, and the
remainder of the Agreement shall continue in full force and effect. Venue and jurisdiction for any
legal action shall be in the state or federal courts for Orange County, Florida.
ATTORNEYS’ FEES AND COSTS: In connection with any litigation, including appellate proceedings,
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arising out of or under this Agreement, Pangolin shall be entitled to recover reasonable out-of-
pocket costs and reasonable attorneys’ fees.
INDEPENDENT CONTRACTORS: The parties to this Agreement are independent contractors, and this
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Agreement does not give rise to any partnership, joint venture, employment, franchise, or agency
between the parties. Unless expressly authorized to do so under this Agreement, no party will have
the power to bind any other party or incur obligations on any other party’s behalf without that
party’s prior written consent.
THIRD-PARTY BENEFICIARIES: No provision of this Agreement is intended or shall be construed to
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provide or create any third-party beneficiary right or any other right of any kind in any person or
entity, other than the parties and their successors and assigns.