THE PFO BRACELET SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY
SERVICES.
4.5 YOU FURTHER ACKNOWLEDGE THAT THE PFO BRACELET SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN
SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR
INFORMATION PROVIDED BY THE PFO BRACELET SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
4.6 NO OR ALL WRITTEN INFORMATION OR ADVICE GIVEN BY PFO TECH OR A PFO AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE PFO BRACELET SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL PFO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PFO BRACELET SOFTWARE AND SERVICES
OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE PFO BRACELET SOFTWARE, HOWEVER CAUSED,
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PFO TECH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU
In no event shall PFO Tech’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed
the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. Digital Certificates.
The PFO Bracelet Software contains functionality that allows it to accept digital certificates either issued from PFO Tech or from third parties.
YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY PFO TECH OR A THIRD
PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PFO TECH
MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
7. Complete Agreement;
Governing Language. This License constitutes the entire agreement between you and PFO Tech relating to the PFO Bracelet Software and supersedes all
prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing
and signed by PFO Tech. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-
English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
8. Third Party Acknowledgements.
Portions of the PFO Bracelet Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are contained in the electronic documentation for the PFO Bracelet Software, and your use of such material is governed by their
respective terms.
NOTICES FROM PFO
If PFO Tech needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send
you electronically will satisfy any legal communication requirements.
PFO One (1) Year Limited Warranty
For PFO Branded Products Only
CONSUMER RIGHTS AND RESTRICTIONS. FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN
THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN
ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. THIS WARRANTY DOES
NOT EXCLUDE, LIMIT OR SUSPEND ANY RIGHTS OF CONSUMERS ARISING OUT OF NONCONFORMITY WITH A SALES CONTRACT. HOWEVER,
AS DESCRIBED BELOW, PFO TECH DISCLAIMS STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, AND IN SO FAR
AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALL SUCH WARRANTIES SHALL TO THE EXTENT PERMITTED BY LAW BE LIMITED IN
DURATION TO THE DURATION OF THE EXPRESS WARRANTY DESCRIBED BELOW AND TO THE REPAIR OR REPLACEMENT SERVICE AS
DETERMINED BY PFO IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE 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 COUNTRY OR
PROVINCE). THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT
PURCHASE TOOK PLACE. PFO TECH, THE WARRANTOR UNDER THIS LIMITED WARRANTY, IS IDENTIFIED AT THE END OF THIS DOCUMENT
ACCORDING TO THE COUNTRY OR REGION IN WHICH THE PRODUCT PURCHASE TOOK PLACE.
WARRANTY.
PFO Tech’s warranty obligations for this hardware product are limited to the terms set forth herein. PFO Tech, as defined in the table below, warrants this
PFO-branded hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail
purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its
option and to the extent permitted by law, PFO Tech will either (1) repair the hardware defect at no charge, using new parts or refurbished parts that are
equivalent to new in performance and reliability, (2) exchange the product with a product that is new or refurbished that is equivalent to new in performance
and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product. PFO Tech may request that you
replace defective parts with user-installable new or refurbished parts that PFO Tech provides in fulfillment of its warranty obligation. A replacement product or
part, including a user-installable part that has been installed in accordance with instructions provided by PFO Tech, assumes the remaining warranty of the
original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged,
any replacement item becomes your property and the replaced item becomes PFO Tech’s property. Parts provided by PFO Tech in fulfillment of its warranty
obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be
returned to PFO Tech and becomes PFO Tech’s property.
EXCLUSIONS AND LIMITATIONS.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE
LAW, PFO TECH SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.
IF PFO TECH CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH
WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT
SERVICE AS DETERMINED BY PFO TECH IN ITS SOLE DISCRETION. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. No PFO
Tech reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or
unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
This Limited Warranty applies only to the hardware product manufactured by or for PFO Tech that can be identified by the “PFO” trademark, trade name, or
logo affixed to it. The Limited Warranty does not apply to any non-PFO hardware product or any software, even if packaged or sold with the PFO Tech
hardware. Manufacturers, suppliers, or publishers, other than PFO Tech, may provide their own warranties to the end user purchaser, but PFO Tech, in so far
as permitted by law, provides their products “as is”. Software distributed by PFO Tech with or without the PFO brand name (including, but not limited to
system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with
respect to its use.
PFO Tech does not warrant that the operation of the product will be uninterrupted or error-free. PFO Tech is not responsible for damage arising from failure to
follow instructions relating to the product’s use.
