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EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, UBIQUITI
NETWORKS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY DATA,
SERVICE, SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM
AND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY,
ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY,
SATISFACTORY QUALITY, LACK OF VIRUSES, QUIET ENJOYMENT, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY
WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR
TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES.
BUYER ACKNOWLEDGES THAT NEITHER UBIQUITI NETWORKS NOR
ITS THIRD PARTY PROVIDERS CONTROL BUYER’S EQUIPMENT OR THE
TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING
THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY BE
SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS
AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS
FACILITIES. UBIQUITI NETWORKS, ITS AFFILIATES AND ITS AND THEIR THIRD
PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS,
DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT
CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM ANY
OF THE FOREGOING. In addition, UBIQUITI NETWORKS does not warrant
that the operation of the Products will be error-free or that operation will
be uninterrupted. In no event shall UBIQUITI NETWORKS be responsible
for damages or claims of any nature or description relating to system
performance, including coverage, buyer’s selection of products (including
the Products) for buyer’s application and/or failure of products (including
the Products) to meet government or regulatory requirements.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL
UBIQUITI OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
(INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY,
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
