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VI
upgrades and expansions) performed by anyone
who is not a representative of Torian or a Torian
Authorized Service Provider; (e) To a product or
part that has been modifi ed to alter functionality or
capability without the written permission of Torian;
or (f) if any Torian serial number has been removed
or defaced.
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 CONDlTlONS, WHETHER ORAL OR WRITTEN,
STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY
APPLICABLE LAW, TORIAN SPECIFlCALLY 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 TORIAN 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 TORIAN IN ITS SOLE DISCRETION.
No
Torian reseller, agent or employee is authorized
to make any modifi cation, 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.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, TORIAN IS NOT
RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY
BREACH OF WARRANTY OR CONDITION, OR UNDER ANY
OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO
LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR
ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS
ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS
OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS
OF OPPORTUNITY; LOSS OF GOODWlLL, LOSS OF
REPUTATlON; LOSS OF, DAMAGE TO OR CORRUPTION
OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING
THE REPLACEMENT OF EQUIPMENT AND PROPERTY,
ANY COSTS OF RECOVERING, PROGRAMMING OR
REPRODUCING ANY PROGRAM OR DATA STORED IN OR
USED WITH THE TORIAN PRODUCT, AND ANY FAILURE
TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED
ON THE PRODUCT. THE FOREGOING LIMITATION SHALL
NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS,
OR ANY STATUTORY LIABILlTY FOR INTENTIONAL AND
GROSS NEGLIGENT ACTS AND/OR OMISSIONS. TORIAN
DISCLAIMS ANY REPRESENTATION THAT IT WILL BE
ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY
OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR
LOSS OF PROGRAMS OR DATA.
YOU AGREE THAT TORIAN’S MAXIMUM LIABILITY, IF ANY,
IS CALCULATED AT THE VALUE OF THE RETAIL PRICE
OF THE PRODUCT YOU HAVE PURCHASED, AND YOU
AGREE TO INDEMNIFY TORIAN FOR ANY ADDITIONAL
COSTS AND OR DAMAGES THAT MAY RESULT AS A
CONSEQUENCE OF YOUR USE OF THE PRODUCT.
CONSUMER PROTECTION LAWS
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
Torian One-Year Limited Warranty