Triton BathyPro - Manual (Page 5)

LIMITED WARRANTY
TRITON ELICS warrants that (a) the
SOFTWARE will perform substantially in
accordance with the accompanying written
materials for a period of one (1) year from
the date of shipment and (b) any hardware
accompanying the SOFTWARE will be free
from defects in materials and workmanship
under normal use and service for a period of
one (1) year from date of shipment.
CUSTOMER REMEDIES. TRITON ELICS’s
entire liability and your exclusive remedy
shall be, at TRITON ELICS’s option, repair
or replacement of the SOFTWARE or
hardware that does not meet TRITON
ELICS’s Limited Warranty. Warranty service
is F.O.B. TRITON ELICS’s Watsonville
facility. All shipping and insurance costs are
paid by buyer. On-site Customer Service and
Warranty Repair (including travel hours,
transportation, lodging and meals) may be
provided by TRITON ELICS, at its own
discretion, to Buyer at cost plus twenty
percent. However, actual labor hours to
provide this service or repair will be free of
charge to Buyer. This Limited Warranty is
void if failure of the SOFTWARE or hardware
has resulted from accident, abuse, or
misapplication. Any replacement
SOFTWARE or hardware will be warranted
for the remainder of the original warranty
period or thirty (30) days, whichever is
longer.
NO OTHER WARRANTIES. Except for the
above express limited warranties, TRITON
ELICS makes no warranties, expressed,
implied, statutory, or in any communication
with you, and TRITON ELICS specifically
disclaims any implied warranty of
merchantability or fitness for a particular
purpose. TRITON ELICS does not warrant
that the operation of the program will be
uninterrupted or error free. Some
states/jurisdictions do not allow the exclusion
of implied warranties, so the above
exclusions may not apply to you. This limited
warranty gives you specific legal rights. You
may have others, which vary from
state/jurisdiction to state/jurisdiction.
NO LIABILITY FOR CONSEQUENTIAL
DAMAGES. To the maximum extent
permitted by applicable law, in no event shall
TRITON ELICS be liable for any damages
whatsoever (including, without limitation,
damages for loss of business profits,
business interruption, loss of business
information, or any other pecuniary loss)
arising out of the use of or inability to use
this TRITON ELICS product, even if TRITON
ELICS has been advised of the possibility of
such damages. Because some states/
jurisdictions do not allow the exclusion or
limitation of liability for consequential or
incidental damages, the above limitation may
not apply to you.
U.S. GOVERNMENT RESTRICTED
RIGHTS. The SOFTWARE and
documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)
(1) and (ii) of the Rights in Technical Data
and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c) (1) and
(2) of the Commercial Computer Software—
Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Triton Elics
International, Inc., 125 Westridge Drive,
Watsonville, CA 95076. If you acquired this
product in the United States, this Agreement
is governed by the laws of California. If this
product was acquired outside the United
States, then local law may apply.