Trimble Outdoors 5700 - Manual (Page 5)

Warranty Exclusions
These warranties shall be applied only in the event
and to the extent that: (i) the Products and
Software are properly and correctly installed,
configured, interfaced, stored, maintained and
operated in accordance with Trimble's relevant
operator's manual and specifications, and; (ii) the
Products and Software are not modified or
misused. The preceding warranties shall not apply
to, and Trimble shall not be responsible for, any
claim of warranty infringement is based on (i)
defects or performance problems that arise from
the combination or utilization of the Product or
Software with products, information, systems or
devices not made, supplied or specified by
Trimble; (ii) the operation of the Product or
Software under any specification other than, or in
addition to, Trimble's standard specifications for
its products; (iii) the unauthorized modification or
use of the Product or Software; (iv) damage
caused by lightning, other electrical discharge, or
fresh or salt water immersion or spray; or (v)
normal wear and tear on consumable parts (e.g.,
batteries).
THE WARRANTIES ABOVE STATE TRIMBLE ' S
ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDIES PERFORMANCE OF THE PRODUCTS
AND SOFTWARE
. EXCEPT AS EXPRESSLY
PROVIDED IN THIS AGREEMENT , TRIMBLE
FURNISHES THE PRODUCTS AND SOFTWARE
AS
- IS , WITH NO WARRANTY , EXPRESS OR
IMPLIED , AND THERE IS EXPRESSLY
EXCLUDED THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE
. THE STATED EXPRESS
WARRANTIES ARE IN LIEU OF ALL
OBLIGATIONS OR LIABILITIES ON THE PART
OF TRIMBLE ARISING OUT OF
, OR IN
CONNECTION WITH , ANY PRODUCTS OR
SOFTWARE . SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON DURATION OF AN IMPLIED WARRANTY
, SO
THE ABOVE LIMITATION MAY NOT APPLY TO
YOU
.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW
, TRIMBLE SHALL NOT BE
LIABLE TO YOU FOR ANY INDIRECT , SPECIAL ,
OR CONSEQUENTIAL DAMAGES OF ANY KIND
OR UNDER ANY CIRCUMSTANCE OR LEGAL
THEORY RELATING IN ANY WAY TO THE
PRODUCTS OR SOFTWARE
, REGARDLESS
WHETHER TRIMBLE HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH LOSS AND
REGARDLESS OF THE COURSE OF DEALING
WHICH DEVELOPS OR HAS DEVELOPED
BETWEEN YOU AND TRIMBLE
. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES
, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU .
IN ANY CASE , TRIMBLE ' S SOLE LIABILITY ,
AND YOUR SOLE REMEDY UNDER OR FOR
BREACH OF THIS AGREEMENT
, WILL BE
LIMITED TO THE REFUND OF THE PURCHASE
PRICE OR LICENSE FEE PAID FOR THE
PRODUCTS OR SOFTWARE
.