Universal Audio Apollo Twin - Manual (Page 38)

Apollo Twin Hardware Manual Chapter 5: Notices 38
ANY UA AUTHORIZED DISTRIBUTOR) SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE
ADDITIONAL WARRANTY RIGHTS UNDER CONSUMER PROTECTION AND OTHER LAWS WHICH MAY NOT BE WAIVED OR
DISCLAIMED. FOR EXAMPLE, CONSUMERS IN THE EUROPEAN UNION MAY BE ENTITLED TO A LIMITED WARRANTY OF
TWO YEARS. AND, IN AUSTRALIA: (A) OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE
AUSTRALIAN CONSUMER LAW, (B) YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND
FOR COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE AND (C) YOU ARE ALSO ENTITLED
TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE
DOES NOT AMOUNT TO A MAJOR FAILURE. UA DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY
EXTENT NOT PERMITTED BY LAW. FOR MORE INFORMATION ABOUT YOUR RIGHTS, PLEASE CONTACT YOUR LOCAL
AUTHORITY, TRADING STANDARDS DEPARTMENT, CITIZEN’S ADVICE BUREAU OR LOCAL EQUIVALENT.
6. Limitation of Liability. NEITHER UA NOR ANY UA AUTHORIZED DISTRIBUTOR SHALL BE LIABLE TO CUSTOMER,
WHETHER IN CONTRACT, TORT, NEGLIGENCE OR PRODUCTS LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING
BUT NOT LIMITED TO LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOST DATA, OR LOST FILES, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE UA HARDWARE DEVICE, OR THE PERFOR-
MANCE OR OPERATION OF THE UA HARDWARE DEVICE, EVEN IF UA AND THE UA AUTHORIZED DISTRIBUTOR (AS APPLI-
CABLE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UA OR A UA AUTHORIZED
DISTRIBUTOR’S TOTAL LIABILITY TO CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE UA
HARDWARE DEVICE. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICA-
BLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS.
CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. UA DOES
NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO THE EXTENT NOT PERMITTED BY LAW. FOR MORE INFORMATION
ABOUT YOUR RIGHTS, PLEASE CONTACT YOUR LOCAL AUTHORITY, TRADING STANDARDS DEPARTMENT, CITIZEN’S AD-
VICE BUREAU OR LOCAL EQUIVALENT.
7. Export Rules. Customer acknowledges that the UA Hardware Device is subject to the U.S. Export Administration Reg-
ulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that Customer will comply with
the Export Laws. Customer will not ship, transfer, export, or re-export the UA Hardware Device, directly or indirectly, to: (a) any
countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea,
Sudan, and Syria) (each, an “Embargoed Country”); (b) any end user whom Customer knows or has reason to know will utilize
them in the design, development, or production of nuclear, chemical or biological weapons, or rocket systems, space launch
vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”); (c) or any end user who has been
prohibited from participating in the U.S. export transactions by any federal agency ofthe U.S. government (each, a “Sanctioned
Party”). In addition, Customer is responsible for complying with any local laws in Customer’s jurisdiction which may impact
Customer’s right to import, export or use the UA Hardware Device. Customer represents and warrants that Customer: (x) is not a
citizen of, or located within, an Embargoed Country; (y) will not use the UA Hardware Devicefor a Prohibited Use; and (z) is not
a Sanctioned Party. All rights to use the UA Hardware Device are granted on condition that such rights are forfeited if Customer
fails to comply with the foregoing provisions.
8. Governing Law. Except as prohibited by law, these Hardware Terms shall be governed by and construed in accordance
with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California by
California residents. These Hardware Terms shall not be governed by the following, the application of which is hereby expressly
excluded: (a) the United Nations Convention on Contracts for the International Sale of Goods, and (b) the Uniform Computer
Information Transactions Act, as enacted in any jurisdiction.
9. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision of these Hardware Terms or por-
tion thereof to be unenforceable, that provision or part thereof shall be enforced to the maximum extent permissible so as to ful-
fill the intent of the parties, and the remainder of these Hardware Terms shall continue in full force and effect. These Hardware
Terms constitute the entire agreement between the parties with respect to the use of the UA Hardware Device, and supersede
all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to,
or modification, of these Hardware Terms will be binding unless in writing and signed by a duly authorized representative of UA.
Should you have any questions concerning these Hardware Terms, please contact UA at 4585 Scotts Valley Drive, Scotts Valley,
CA, 95066 USA or at +1-831-440-1176 or at www.uaudio.com.
UA reserves the right to change its warranty terms and procedures from time to time.
Last Updated January 7, 2014.