User`s guide

W-2 700-0035 R004
(d) if the product has been operated outside of the specified Operating Environment specified in the
Seon Users Manual for such product.
DISCLAIMER
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES,
GUARANTEES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE AND WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SEON EXPRESSLY DISCLAIMS AND EXCLUDES ANY
IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY OR FITNESS FOR PURPOSE AND ANY
WARRANTIES OR MODIFIED WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Any description of the goods or services, whether in writing or made orally by Seon or Seon’s agents,
specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials
used in connection with customer’s order are for the sole purpose of identifying the goods and/or services
and shall not be construed as an express warranty. Any suggestions by Seon or Seon’s agents regarding
use, applications or suitability of the goods and/or services shall not be construed as an express warranty
unless confirmed to be such in writing by Seon. Purchaser assumes full responsibility for selecting
products to achieve purchaser’s intended purposes, for properly installing and using those products, and for
verifying the results obtained therefrom.
PURCHASER’S EXCLUSIVE REMEDY AND SEON’S ENTIRE LIABILITY ARISING FROM OR IN CONNECTION
WITH PURCHASER’S USE OF THE PRODUCTS AND/OR THIS AGREEMENT SHALL BE REPAIR OR
REPLACEMENT OF DEFECTIVE PRODUCTS, OR REFUND OR CREDIT OF THE PURCHASE PRICE OF THE
PRODUCTS AS SET FORTH ABOVE. SEON SHALL NOT BE SUBJECT TO AND DISCLAIMS: (A) ANY OTHER
OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (B) ANY
OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE, AND STRICT
LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR
SERVICES RENDERED BY SEON, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND
(
C) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL AND CONTINGENT DAMAGES WHATSOEVER, EVEN IF
SEON HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, Seon specifically disclaims any liability for property or
personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss
of use of goods or any associated equipment, cost of capital, cost of substitute goods, facilities or services,
down-time, shut-down or slow-down costs, or for any other types of economic loss, and for claims of
customer’s customers or any third party for any such damages. Some jurisdictions do not allow limitation
or exclusion of incidental or consequential damages, so this limitation or exclusion may not apply to
purchaser. In no event shall Seon’s total liability for any damages to purchaser or any other person in
connection with the products or this agreement exceed the lower of the suggested list price or the actual
price paid for the products, regardless of whether such liability arises from contract, tort, warranty or any
other form of claim.
If any provision of this agreement is found to be void, invalid, or unenforceable, that finding shall not
affect the remaining provisions, all of which shall be enforced to the full extent permitted by law. If any
remedy hereunder is determined to have failed of its essential purpose, the limitations of liability and
exclusion of damages set forth above shall remain in full force and effect. This agreement may be modified
only in writing signed by a duly authorized representative of Seon.