The parties agree that any breach or threatened breach of this Agreement by Client is likely to
cause TOLIS damage that is not fully reparable by payment of damages, and further agree that
in such case TOLIS shall be entitled to seek and obtain injunctive or other equitable relief to
protect its rights hereunder. Client's performance hereunder and use of the Software shall at all
times comply with all applicable laws, rules and regulations, including those governing export of
technical information, and Client shall fully indemnify, defend and hold harmless TOLIS against
any violation thereof. This Agreement is the entire agreement between the parties with respect
to this subject matter, and supersedes any and all prior or contemporaneous, conflicting or
additional communications, negotiations or agreements.
Exclusions
TOLIS GROUP DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE. TOLIS GROUP IS NOT RESPONSIBLE FOR DAMAGE THAT
OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS INTENDED FOR
THE TOLIS GROUP HARDWARE PRODUCT.
This Limited Warranty does not apply to expendable or consumable parts and does not extend to any
product from which the serial number has been removed or that has been damaged or rendered
defective (a) as a result of accident, misuse, abuse, contamination, improper or inadequate
maintenance or calibration or other external causes; (b) by operation outside the usage parameters
stated in the user documentation that shipped with the product; (c) by software, interfacing, parts or
supplies not supplied by TOLIS Group; (d) improper site preparation or maintenance; (e) virus infection;
(f) loss or damage in transit; or (g) by modification or service by anyone other than (i) TOLIS Group, (ii)
an TOLIS Group authorized service provider, or (iii) your own installation of TOLIS Group-approved
parts if available for your product in the servicing country or region.
TOLIS GROUP IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA,
OR REMOVABLE STORAGE MEDIA. TOLIS GROUP IS NOT RESPONSIBLE FOR THE
RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY TOLIS GROUP WHEN THE PRODUCT IS MANUFACTURED.
TOLIS Group is not responsible for any interoperability or compatibility issues that may arise when (1)
products, software, or options not supported by TOLIS Group are used; (2) configurations not supported
by TOLIS Group are used; (3) parts intended for one system are installed in another system of different
make or model.
Exclusive Remedy
TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS
CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND
TOLIS GROUP REGARDING THE TOLIS GROUP HARDWARE PRODUCT YOU HAVE PURCHASED
OR LEASED. THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS OR
REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN TOLIS GROUP SALES
LITERATURE OR ADVICE GIVEN TO YOU BY TOLIS GROUP OR AN AGENT OR EMPLOYEE OF
TOLIS GROUP—THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OR
LEASE OF THE TOLIS GROUP HARDWARE PRODUCT. No change to the conditions of this Limited
Warranty is valid unless it is made in writing and signed by an authorized representative of TOLIS
Group.
Limitation of liability
IF YOUR TOLIS GROUP HARDWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, TOLIS
GROUP’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO
THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR
REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF
NORMAL USE.
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