User's Manual

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2. LIMITATIONS AND DISCLAIMERS OF WARRANTY.
SMI does not warrant that operation of the biometric product will be
uninterrupted or error-free; further, no biometric product or system can be guaranteed
to be 100% accurate, or to properly enroll, identify, or authenticate every individual.
SMI shall have no responsibility for repairing or otherwise remedying any defect or
nonconformity in the condition or operation of the biometric product or its software if: 1)
modications to Customer’s site are necessary for proper operation, and Customer’s
site preparation is inadequate; 2) the biometric product is not professionally installed
in accordance with applicable industry standards, local building/zoning codes such as
the National Electric Code, and proper installation practices; 3) the biometric product
is not maintained and operated with all proper accessories under normal conditions
by competent personnel; 4) the biometric product incorporates replacement parts
not authorized by SMI; 5) the biometric product has been subjected to disassembly
except as required for normal installation, modication beyond what is described in
SMI-supplied installation and operation guides, unauthorized enhancement, abuse
or misuse; or 6) the defect or nonconformity has not been reported to the designated
Help Desk within ten (10) days of its discovery by Customer. As Customer’s sole
and exclusive remedy for any nonconformity or defect in the condition or operation of
the biometric product for which SMI is responsible, SMI shall provide its reasonable
efforts to remedy same as set forth in Section 1, above during the applicable stated
Limited Warranty Period. With the exception of its Limited Warranties set forth in
Section 1, above, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW, SMI DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE BIOMETRIC
PRODUCT, ITS HARDWARE, SOFTWARE, DESIGN, OR FUNCTIONALITY, OR
ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR
ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE
OF PERFORMANCE. SMI FURTHER DISCLAIMS ANY AND ALL PROMISES,
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY OF SMI’S SERVICES PERFORMED HEREUNDER.
3. LIMITATIONS OF LIABILITY. The entire liability of SMI to Customer (or to
any person or entity claiming through Customer) for any claim whatsoever related to
the biometric product or the parties’ transaction shall not exceed the total amount of
all payments made for the biometric product by Customer to the date of the claim. IN
NO EVENT SHALL SMI BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS,
LOST INFORMATION, BUSINESS INTERRUPTION, OR OTHER CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES (WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED ON WARRANTY), EVEN IF SMI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF,
OR RELATED TO, THE BIOMETRIC PRODUCT OR THE PARTIES’ TRANSACTION.
Some jurisdictions do not allow excluding or limiting implied warranties, or limiting
liability for incidental or consequential damages, and some jurisdictions have special
statutory consumer protection provisions that may supersede this limitation. As a
result, the limitations and disclaimers of warranty and liability set forth herein may not
apply to Customer if prohibited by the laws of Customer’s jurisdiction.
Warranty