User Manual

drawings set forth in the Documentation. If the Products fail to meet this warranty, ThingMagic (at its sole
option) will either replace or repair the nonconforming Product. If neither of those can be done on a com-
mercially reasonable basis, ThingMagic may, at its sole option, pay you an amount based on depreciation of
the Product over a three (3) year useful life. In the event of repair pursuant to the foregoing warranty, the
validity of the foregoing warranty will be twelve (12) months from the date of shipment of the repaired
Product less the period of time between the date of original shipment and the date on which ThingMagic
received return of the Product for repair. The foregoing is your sole and exclusive remedy if a Product fails
to meet the limited warranty above.
9. WARRANTY CONDITIONS: In order for the warranty to apply, you must first obtain a written
return authorization from ThingMagic. Returned Products must be shipped, transportation pre-
paid, by the most practical method of shipment. Shipping costs will be credited to you for all Prod-
ucts found to be subject to warranty adjustment. Excessive transportation costs will not be
allowed. This warranty shall not apply to any custom work performed by ThingMagic. This war-
ranty shall also not apply to defects or substantial non-conformance with the Specifications which
result from: (l) improper installation, use, storage, care or maintenance by the buyer; (2) wear
resulting from normal use of parts subject to wear; (3) modification, alteration or retiming of a
product, or combination with another product; (4) use with products (including supplies) or soft-
ware not furnished by ThingMagic; or (5) accident, neglect, misuse or abuse or where the trade-
mark has been defaced or obliterated.
10. DISCLAIMER OF WARRANTIES: THINGMAGIC AND ITS SUPPLIERS PROVIDE THE PRO-
DUCTS “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIM-
ITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND LACK OF NEGLIGENCE OR LACK
OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, OR NONINFRINGEMENT FOR THE PRODUCTS. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCTS IS WITH YOU.
THINGMAGIC DOES NOT WARRANT THAT THE OPERATION OF THE FIRMWARE WILL BE
UNINTERRUPTED OR ERROR FREE.
11.
LIABILITY DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THINGMAGIC OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDEN-
TAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCTS,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
THINGMAGIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSEN-
TIAL PURPOSE.
12. GOVERNING LAW: The laws of the Commonwealth of Massachusetts shall govern this Agreement and
the parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state
and federal courts of Massachusetts for purposes of resolving any and all disputes arising under or related
to these terms and conditions. The parties agree that the U.N. Convention on Contracts for the International
Sale of Goods shall not govern this Agreement.
13. DEFINITIONS.
a. Documentation means any written information pertaining to the Products including but not lim-
ited to user manuals, technical documentation, and training guides, whether in paper or electronic
format.