ProSoft Technology 5202-DFNT-MCM4 - Manual (Page 77)

Support, Service & Warranty MCM ♦ ProLinx Gateway
Driver Manual Modbus Master/Slave
ProSoft Technology, Inc.
Page 77 of 80
October 16, 2009
9.3.8 No Other Warranties
Unless modified in writing and signed by both parties, this Warranty is
understood to be the complete and exclusive agreement between the parties,
suspending all oral or written prior agreements and all other communications
between the parties relating to the subject matter of this Warranty, including
statements made by salesperson. No employee of ProSoft or any other party is
authorized to make any warranty in addition to those made in this Warranty. The
Customer is warned, therefore, to check this Warranty carefully to see that it
correctly reflects those terms that are important to the Customer.
9.3.9 Allocation of Risks
This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.
9.3.10 Controlling Law and Severability
This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without
reference to its conflicts of law provisions. If for any reason a court of competent
jurisdiction finds any provisions of this Warranty, or a portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible and the remainder of this Warranty shall remain in full force and
effect. Any cause of action with respect to the Product or Services must be
instituted in a court of competent jurisdiction in the State of California.