Disclaimer, Limitation of liability – Ubiquiti Networks airFibe5 User Manual

Page 37

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Limited Warranty

Disclaimer

EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, UBIQUITI

NETWORKS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY Data, SERVICE,

SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM AND MAKE NO

OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED

OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS,

GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY

OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK

OF VIRUSES, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM ANY

COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH

SUCH PRODUCTS AND SERVICES. BUYER ACKNOWLEDGES THAT NEITHER

UBIQUITI NETWORKS NOR ITS THIRD PARTY PROVIDERS CONTROL BUYER’S

EQUIPMENT OR THE TRANSFER OF Data OVER COMMUNICATIONS FACILITIES,

INCLUDING THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY

BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS

AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS

FACILITIES. UBIQUITI NETWORKS, ITS AFFILIATES AND ITS AND THEIR THIRD

PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS,

DELAYS, CANCELLATIONS, DELIVERY FAILURES, Data LOSS, CONTENT

CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM ANY

OF THE FOREGOING. In addition, UBIQUITI NETWORKS does not warrant

that the operation of the Products will be error-free or that operation will

be uninterrupted. In no event shall UBIQUITI NETWORKS be responsible

for damages or claims of any nature or description relating to system

performance, including coverage, buyer’s selection of products (including

the Products) for buyer’s application and/or failure of products (including the

Products) to meet government or regulatory requirements.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL

UBIQUITI OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR

DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES

(INCLUDING LOST PROFIT, LOST Data, OR DOWNTIME COSTS), ARISING OUT

OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,

WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY,

AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Note

Some countries, states and provinces do not allow exclusions of implied

warranties or conditions, so the above exclusion may not apply to you. You

may have other rights that vary from country to country, state to state, or

province to province. Some countries, states and provinces do not allow the

exclusion or limitation of liability for incidental or consequential damages, so

the above limitation may not apply to you. EXCEPT TO THE EXTENT ALLOWED

BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR

MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS

APPLICABLE TO THE LICENSE OF ANY SOFTWARE (EMBEDDED IN THE

PRODUCT) TO YOU. The United Nations Convention on Contracts for the

International Sale of Goods shall not apply to any transactions regarding the

sale of the Products.

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