Matrox Electronic Systems M.Key/100 - Manual (Page 5)

iii
Matrox M.Key License Agreement, Warranty, and Service
WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS.
TO THE EXTENT THAT THESE LIMITED WARRANTY STATEMENTS ARE INCONSISTENT WITH THE
LAW OF THE LOCALITY WHERE YOU PURCHASED THE MATROX PRODUCT, THESE LIMITED
WARRANTY STATEMENTS SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL
LAW. UNDER SUCH LOCAL LAW, CERTAIN LIMITATIONS OF THESE LIMITED WARRANTY
STATEMENTS MAY NOT APPLY TO YOU.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES PROVIDED IN THESE LIMITED
WARRANTY STATEMENTS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
F. Limitations of liability
EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THE SOFTWARE LIMITED
WARRANTY AND HARDWARE LIMITED WARRANTY STATEMENTS, IN NO EVENT SHALL MATROX
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, FORESEEABLE
OR UNFORESEEABLE, OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, DELICT
OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND/OR DAMAGES ARISING FROM THE LOSS OF USE, DATA, PRODUCTION REVENUE
AND/OR PROFIT OF IN CONNECTION WITH THE MATROX PRODUCT OR ANY BUSINESS
INTERRUPTION. WITHOUT PREJUDICE TO THE FOREGOING, ANY LIABILITY OF MATROX FOR ANY
BREACH OF WARRANTY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE DEFECTIVE
HARDWARE IN QUESTION.
TO THE EXTENT ALLOWED BY LOCAL LAW, MATROX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY SHALL BE THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT DURING THE
WARRANTY PERIOD. MATROX DOES NOT OFFER ANY OTHER WARRANTY WITH RESPECT TO
MATROX HARDWARE OR SOFTWARE OR ANY OTHER HARDWARE OR SOFTWARE.
YOU SHALL BE RESPONSIBLE FOR ALL APPLICABLE TAXES, DUTIES AND CUSTOMS FEES ON ANY
REPLACEMENT UNIT, AS WELL AS ALL TRANSPORT, INSURANCE, STORAGE AND OTHER
CHARGES INCURRED ON ALL RETURNED PRODUCTS.
G. Indemnification disclaimer
Matrox disclaims and shall have no obligation to indemnify or defend you or any third party in respect of any actual
or alleged infringement of any actual or pending patents, copyright or other intellectual property rights. Matrox
shall have no liability arising out of any such actual or alleged intellectual property infringement.
MATROX SPECIFICALLY MAKES NO REPRESENTATION AND DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.