User manual

FastSCAN 59
15.5
Warranties shall not apply to any Systems which have been:
(a) repaired or altered other than by Polhemus, except when so authorized in writing
by Polhemus.
(b) used in an unauthorized or improper manner, or without following normal oper-
ating procedures; or
(c) improperly maintained and where such activities in Polhemus’ sole judgement,
have adversely affected the Systems. Neither shall warranties apply in the case
of damage through accidents or acts of nature such as flood, earthquake, light-
ning, tornado, typhoon, power surge or failure, environmental extremes or other
external causes.
15.6
POLHEMUS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS THE WAR-
RANTY OF MERCHANTABILITY OF THE PRODUCTS OR THE WARRANTY OF
FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE. POLHEMUS
MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT OF TITLE AND
AGAINST PATENT INFRINGEMENT, OTHER THAN THOSE SPECIFICALLY SET
FORTH HEREIN.
15.7
IN NO EVENT SHALL POLHEMUS BE LIABLE UNDER ANY CIRCUMSTANCES
FOR SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING,
BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE. WITHOUT LIMIT-
ING THE FOREGOING POLHEMUS’ MAXIMUM LIABILITY FOR DAMAGES FOR
ANY CAUSE WHATSOEVER, EXCLUSIVE OF CLAIMS FOR PATENT INFRINGE-
MENT AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING BUT
NOT LIMITED TO CONTRACT NEGLIGENCE OR STRICT LIABILITY) SHALL
BE LIMITED TO BUYER’S ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE
PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED.