User manual

Warranty iv

Warranty

Pyramid Solutions warrants solely to the initial end-user buyer of this product that this product

will, for one year after shipment by Pyramid Solutions (the "Warranty Period"), conform to Pyra-

mid Solutions' written specifications for this product.

Pyramid Solutions' sole and exclusive obligation, and Buyer's sole remedy for failure of this prod-

uct to conform to the above warranty, is, at the option of Pyramid Solutions, that Pyramid Solu-

tions will repair or replace this product or refund the monies paid for this product. The purchaser

must notify Pyramid Solutions of any nonconformity during the Warranty Period. In the case of

replacement of a non-conforming product, the Warranty Period will be tolled beginning on the

date upon which Pyramid Solutions receives the non-conforming product and will begin to run

again when the purchaser of this product receives the repaired or replacement product.

The warranty will not apply if this product: (1) fails, malfunctions, or is damaged as a result of

handling, installation, maintenance, removal, modification or repair other than as specified in Pyr-

amid Solutions' then-current user manual or similar documentation; (2) suffers a casualty or is sub-

jected to abuse (including electrostatic discharge) or improper use; (3) is altered or damaged so

that Pyramid Solutions is unable to verify the defect with its normal test equipment; or (4) is not

returned in the same or equivalent container in which it was shipped.

EXCEPT AS EXPRESSLY WARRANTED ABOVE, THIS PRODUCT IS SUPPLIED "AS IS"

AND WITH ALL FAULTS. PYRAMID SOLUTIONS MAKES NO OTHER REPRESENTA-

TIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS

PRODUCT AND PYRAMID SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES

AS TO ITS QUALITY, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR

FITNESS FOR A PARTICULAR PURPOSE.

THE PURCHASER'S REMEDIES ARE EXPRESSLY LIMITED TO THE EXCLUSIVE REME-

DIES STATED ABOVE. NEITHER PYRAMID SOLUTIONS NOR ANY DIRECT OR INDI-

RECT SUPPLIER TO PYRAMID SOLUTIONS WILL BE LIABLE FOR ANY INCIDENTAL,

CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, BUT

NOT LIMITED TO, LOSS OF REVENUE OR PROFITS) ARISING OUT OF, RELATED TO,

OR CAUSED, DIRECTLY OR INDIRECTLY BY, THE USE OR TRANSFER OF THIS PROD-

UCT BY THE PURCHASER OF THIS PRODUCT OR ANY CUSTOMER OR SUCCESSOR

HOLDER OF THIS PRODUCT, BY THE PERFORMANCE OR FAILURE TO PERFORM OF

PYRAMID SOLUTIONS OR ANY DIRECT OR INDIRECT SUPPLIER TO PYRAMID SOLU-

TIONS, OR IN ANY OTHER RESPECT, BY ANY OTHER ACT OR OMISSION OF PYRA-

MID SOLUTIONS OR ANY DIRECT OR INDIRECT SUPPLIER TO PYRAMID

SOLUTIONS, OR BY ANY OTHER CAUSE. IN NO EVENT WILL PYRAMID SOLUTIONS'

OR ITS SUPPLIERS' TOTAL LIABILITY TO ANY PERSON FOR ANY CLAIM EXCEED

THE SUM PAID TO PYRAMID SOLUTIONS FOR THE PRODUCT(S) GIVING RISE TO

THE LIABILITY.

THESE LIMITATIONS APPLY REGARDLESS OF WHETHER PYRAMID SOLUTIONS OR

ITS SUPPLIER(S) IS (ARE) OR WAS (WERE) AWARE OF THE POSSIBILITY OF ANY

PARTICULAR DAMAGES AND REGARDLESS OF WHETHER ANY LIMITATION

CAUSES A REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.