User's Manual

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purchased for further details.
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.
4. RESTRICTION ON EXPORTATION. Certain biometric products and
associated software may have restrictions upon their exportation outside the United
States of America, and the applicable U.S. Government regulations and restrictions are
Appendix 5