SF-106 Silvair Lighting Evaluation Kit User manual
entitled to obtain, in any state or region in the world - according to its choice, protection
of any portion of the Silvair Lighting Evaluation Kit.
6. Third Party Software
. The User acknowledges and agrees that the Silvair Lighting
Evaluation Kit may contain copyrighted software components, patents and other
intellectual property rights (“Third Party Software”). The User acknowledges and
agrees that this Agreement does not convey a license to any such third party patents,
copyrights, or other intellectual property rights and that the User is solely responsible
for any claims that relate to the User’s use of Third Party Software. The User is also
solely responsible for its compliance with all applicable legal requirements that might
be imposed on its use of the Third Party Software and the applicable restrictions and
other terms and conditions set forth in any Third Party Software documentation or
license agreement.
7. Warranty Disclaimer
. The Silvair Lighting Evaluation Kit is provided “As Is” and possibly
with faults. Silvair is under no obligation to provide updates, upgrades, support, or
maintenance of any kind under this Agreement.
SILVAIR DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE PRODUCTS OR SERVICES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,
ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. SILVAIR DOES NOT WARRANT
THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE
OR THAT THE PRODUCTS WILL MEET CUSTOMER’S OR ANY THIRD PARTY’S
EXPECTATIONS.
8. Limitation of Liability.
WHETHER UNDER ANY WARRANTY, CONTRACT, TORT,
NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, THE FOLLOWING WILL
APPLY TO SILVAIR AND ITS AFFILIATES AND ALL PRODUCTS, INCLUDING
SOFTWARE, AND SERVICES OF SILVAIR IN ALL CIRCUMSTANCES : (A) SILVAIR
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO,
LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OR INACCURACY OF DATA; AND
(B) SILVAIR’S CUMULATIVE LIABILITY FOR ANY AND ALL DAMAGES IS LIMITED TO
AMOUNTS PAID TO SILVAIR BY THE USER FOR THE PARTICULAR PRODUCTS
AND/OR SERVICES WITH RESPECT TO WHICH A CLAIM IS MADE.
SILVAIR HAS AGREED WITH THE USER THAT THESE LIMITATIONS WILL SURVIVE AND
APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO
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