AverMedia TVBox-5 User Manual

Page 18

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User Manual

15

do not relate to a Product defect. The Warranty Period of any
repaired or replaced Product shall be the longer of (a) the original
Warranty Period or (b) thirty (30) days from the date of delivery of
the repaired or replaced Product.

2. Limitations of Warranty:

AVerMedia makes no warranties to any third party. You are
responsible for all claims, damages, settlements, expenses, and
attorneys’ fees with respect to claims made against You as a result
of Your use or misuse of the Product. This warranty applies only if
the Product is installed, operated, maintained, and used in
accordance with AVerMedia specifications. Specifically, the
warranties do not extend to any failure caused by (i) accident,
unusual physical, electrical, or electromagnetic stress, neglect or
misuse, (ii) fluctuations in electrical power beyond AVerMedia
specifications, (iii) use of the Product with any accessories or
options not furnished by AVerMedia or its authorized agents, or (iv)
installation, alteration, or repair of the Product by anyone other than
AVerMedia or its authorized agents.

3. Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AVERMEDIA DISCLAIMS ALL OTHER WARRANTIES WITH
RESPECT TO THE PRODUCT, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, SATISFACTORY QUALITY, COURSE OF DEALING,
TRADE USAGE OR PRACTICE OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.

4. Limitation of Liability

IN NO EVENT SHALL AVERMEDIA BE LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING,
BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, REVENUE,
PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED
WARRANTY, OR THE USE OR PERFORMANCE OF ANY
PRODUCT, WHETHER BASED ON CONTRACT OR TORT,
INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY,
EVEN IF AVERMEDIA HAS ADVISED OF THE POSSIBILITY OF

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