104S
♦
ProLinx Gateway
Support, Service & Warranty
(Firmware v3.00 and later)
Protocol Manual
ProSoft Technology, Inc.
Page 153 of 157
January 22, 2010
6.3.7 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 39 months following
shipment of the Product.
6.3.8 No Other Warranties
Unless modified in writing and signed by both parties, this Warranty is understood to
be the complete and exclusive agreement between the parties, suspending all oral
or written prior agreements and all other communications between the parties
relating to the subject matter of this Warranty, including statements made by
salesperson. No employee of ProSoft or any other party is authorized to make any
warranty in addition to those made in this Warranty. The Customer is warned,
therefore, to check this Warranty carefully to see that it correctly reflects those terms
that are important to the Customer.
6.3.9 Allocation
of
Risks
This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the price
of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.
6.3.10 Controlling Law and Severability
This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without reference
to its conflicts of law provisions. If for any reason a court of competent jurisdiction
finds any provisions of this Warranty, or a portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible and the remainder of
this Warranty shall remain in full force and effect. Any cause of action with respect to
the Product or Services must be instituted in a court of competent jurisdiction in the
State of California.
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