User Guide

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8. UPDATES; MAINTENANCE. Notwithstanding any other provision of these
Terms, ThirdEye shall have the right, upon notice to Buyer, to inspect, repair or
update the Products for purposes of safety, performance or compliance with the
warranty set forth in Exhibit A hereto. Buyer agrees to provide ThirdEye with all
necessary access to the Products in the event of such notice from ThirdEye. Failure
to provide such access shall void the warranty set forth herein.
9. LIMITED WARRANTY. OTHER THAN WITH RESPECT TO THE LIMITED
WARRANTY SET FORTH IN EXHIBIT A HERETO, THIRDEYE MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
PRODUCTS OR PERFORMANCE THEREOF, WHETHER EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, ALL
OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. ANY OTHER ORAL
OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN OR
MADE BY ThirdEye OR ANY OF ITS EMPLOYEES, AGENTS,
REPRESENTATIVES OR DISTRIBUTORS SHALL NOT CONSTITUTE A
THIRDEYE REPRESENTATION OR WARRANTY AND SHALL NOT BE
RELIED UPON BY BUYER OR ANY OTHER
10. IN NO EVENT SHALL THIRDEYE, ITS AFFILIATES or any of their
shareholders, directors, officers, PERSONNEL, or agents BE LIABLE TO BUYER
OR ANY THIRD PARTY (i) FOR CONSEQUENTIAL, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED
DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE,
REGARDLESS OF (A) WHETHER THE DAMAGES WERE FORESEEABLE;
(B) WHETHER OR NOT ThirdEye WAS ADVISED OF THE POSSIBILITY OF
THE DAMAGES; (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT,
TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED AND/OR (D)
THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL
PURPOSE OR (ii) FOR ANY DAMAGE, INJURY OR LOSS ARISING OUT OF
THE USE OF THE GOODS IF, PRIOR TO SUCH DAMAGE, INJURY OR LOSS,
SUCH GOODS (A) HAVE BEEN SUBJECTED TO ABUSE, MISUSE,
NEGLECT, NEGLIGENCE, ACCIDENT, IMPROPER TESTING, IMPROPER
INSTALLATION, IMPROPER STORAGE, IMPROPER HANDLING,
ABNORMAL PHYSICAL STRESS, ABNORMAL ENVIRONMENTAL
CONDITIONS OR USE CONTRARY TO ANY INSTRUCTIONS ISSUED BY
ThirdEye; (B) HAVE BEEN DISASSEMBLED, REINSTALLED OR
DISMANTLED BY A PERSON OTHER THAN ThirdEye OR ITS
AUTHORIZED REPRESENTATIVE OR (C) HAVE BEEN USED WITH ANY