RISCO Group RK-308 - Manual (Page 7)

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Limitations. The Product Warranty is the only warranty made by Risco with respect to the
Products. The warranty is not transferable to any third party. To the maximum extent permitted
by applicable law, the Product Warranty does not apply and will be void if: (i) the conditions set
forth above are not met (including, but not limited to, full payment by customer for the product
and a proven weekly testing and examination of the product functionality); (ii) if the Products or
any part or component thereof: (a) have been subjected to improper operation or installation; (b)
have been subject to neglect, abuse, willful damage, abnormal working conditions, failure to
follow Risco’s instructions (whether oral or in writing); (c) have been misused, altered, modified
or repaired without Risco’s written approval or combined with, or installed on products, or
equipment of the customer or of any third party; (d) have been damaged by any factor beyond
Risco’s reasonable control such as, but not limited to, power failure, electric power surges, or
unsuitable third party components and the interaction of software therewith or (e) any delay or
other failure in performance of the product attributable to any means of communications,
provided by any third party service provider (including, but not limited to) GSM interruptions,
lack of or internet outage and/or telephony failure.
BATTERIES ARE EXPLICITLY EXCLUDED FROM THE WARRANTY AND RISCO SHALL NOT BE HELD
RESPONSIBLE OR LIABLE IN RELATION THERETO, AND THE ONLY WARRANTY APPLICABLE THERETO, IF
ANY, IS THE BATTERY MANUFACTURER'S WARRANTY.
Risco makes no other warranty, expressed or implied, and makes no warranty of merchantability or of
fitness for any particular purpose. For the sake of good order and avoidance of any doubt:
DISCLAIMER. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, RISCO AND ITS LICENSORS HEREBY
DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY, REPRESENTATIONS, WARRANTIES, GUARANTEES, AND
CONDITIONS WITH REGARD TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND LOSS OF DATA. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, RISCO AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR
USE OF THE PRODUCT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (ii) THAT ANY FILES,
CONTENT OR INFORMATION OF ANY KIND THAT MAY BE ACCESSED THROUGH THE PRODUCT BY
CUSTOMER OR END USER SHALL REMAIN SECURED OR NON DAMAGED. CUSTOMER ACKNOWLEDGES
THAT NEITHER RISCO NOR ITS LICENSORS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS
FACILITIES, INCLUDING THE INTERNET, GSM OR OTHER MEANS OF COMMUNICATIONS AND THAT
RISCO’S PRODUCTS, MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN
THE USE OF SUCH MEANS OF COMMUNICATIONS. RISCO IS NOT RESPONSIBLE FOR ANY DELAYS,
DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
RISCO WARRANTS THAT ITS PRODUCTS DO NOT, TO THE BEST OF ITS KNOWLEDGE, INFRINGE UPON ANY
PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT
IN ANY EVENT RISCO SHALL NOT BE LIABLE FOR ANY AMOUNTS REPRESENTING LOST REVENUES OR
PROFITS, PUNITIVE DAMAGES, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, EVEN IF THEY WERE FORESEEABLE OR RISCO HAS BEEN INFORMED OF
THEIR POTENTIAL.
Risco does not install or integrate the product in the end user security system and is therefore not
responsible for and cannot guarantee the performance of the end user security system which uses
the product.