Xylem H-424MS V1.0 - Manual (Page 7)

H-424MS
User Agreement/ W ATER LOG ® Warranty W-3
(iii) EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN
ANALYSIS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(iv) UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY
OTHER DAMAGES OR CLAIMS ARISING FROM THE USE OF THIS
PRODUCT, THIS INCLUDES LOSS OF PROFITS OR ANY OTHER
COMMERCIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL DESIGN ANALYSIS BE
LIABLE FOR ANY CLAIMS, LIABILITY, OR DAMAGES ARISING
FROM MODIFICATION MADE THEREIN, OTHER THAN BY DESIGN
ANALYSIS.
(v) Should the exclusive remedy stated in subparagraph 6 (d) (ii) above be
determined by a proper court of law to have failed of its essential purpose, the
limitation of the obligations of DESIGN ANALYSIS stated in subparagraphs 6
(d) (iii) and (iv) shall remain valid.
(vi) THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS.
USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
6. BINDING AGREEMENT
This is a binding agreement, and if not understood, USER should seek competent legal advice.
By paying for the PRODUCT and opening the package, USER acknowledges to have read this
Agreement and have agreed to be bound by its terms and conditions.
7. GOVERNING LAW
This Agreement and its validity and interpretation shall be governed by the laws of the State of
Utah, notwithstanding any choice of law rules of Utah or any other state or jurisdiction.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the United States Government is subject to restrictions set forth
in paragraph (c) (1) (ii) of the rights in Technical Data and Computer Software clause at 52.227-
7013. The Contractor-manufacturer is DESIGN ANALYSIS ASSOCIATES, INC., 75 West
100 South, Logan, Utah 84321.