ProSoft Technology 5228-DFNT-HART - Manual (Page 102)

Support, Service & Warranty ProLinx-HART ♦ ProLinx Gateway
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Page 102 of 104 ProSoft Technology, Inc.
October 13, 2011
5.2.6 Limitation of Remedies **
In no event will ProSoft or its Dealer be liable for any special, incidental or consequential
damages based on breach of warranty, breach of contract, negligence, strict tort or any
other legal theory. Damages that ProSoft or its Dealer will not be responsible for include,
but are not limited to: Loss of profits; loss of savings or revenue; loss of use of the
product or any associated equipment; loss of data; cost of capital; cost of any substitute
equipment, facilities, or services; downtime; the claims of third parties including,
customers of the Purchaser; and, injury to property.
** Some areas do not allow time limitations on an implied warranty, or allow the
exclusion or limitation of incidental or consequential damages. In such areas, the
above limitations may not apply. This Warranty gives you specific legal rights,
and you may also have other rights which vary from place to place.
5.2.7 Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 39 months following
shipment of the Product.
5.2.8 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.
5.2.9 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.
5.2.10 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.