What is not covered by this warranty, Disclaimer regarding high risk activities – ProSoft Technology 5205-104S-PDPS User Manual

Page 122

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4205/5205-TS-104S-PDPS ♦ ProLinx Standalone

Support, Service & Extended Warranty

IEC-60870-5-104 to PDPS Communication Module with Time Stamp

Page 122 of 128

ProSoft Technology, Inc.

July 12, 2007

5.5.2

What Is Not Covered By This Warranty

a

ProSoft makes no representation or warranty, expressed or implied, that
the operation of software purchased from ProSoft will be uninterrupted or
error free or that the functions contained in the software will meet or
satisfy the purchaser's intended use or requirements; the Customer
assumes complete responsibility for decisions made or actions taken
based on information obtained using ProSoft software.

b

With the exception of RadioLinx accessories referenced in paragraph 1(c)
this Warranty does not cover any product, components, or parts not
manufactured by ProSoft.

c

This Warranty also does not cover the failure of the Product to perform
specified functions, or any other non-conformance, defects, losses or
damages caused by or attributable to any of the following: (i) shipping; (ii)
improper installation or other failure of Customer to adhere to ProSoft's
specifications or instructions; (iii) unauthorized repair or maintenance; (iv)
attachments, equipment, options, parts, software, or user-created
programming (including, but not limited to, programs developed with any
IEC 61131-3 programming languages, or "C") not furnished by ProSoft; (v)
use of the Product for purposes other than those for which it was
designed; (vi) any other abuse, misapplication, neglect or misuse by the
Customer; (vii) accident, improper testing or causes external to the
Product such as, but not limited to, exposure to extremes of temperature
or humidity, power failure or power surges outside of the limits indicated
on the product specifications; or (viii) disasters such as fire, flood,
earthquake, wind or lightning.

d

The information in this Agreement is subject to change without notice.
ProSoft shall not be liable for technical or editorial errors or omissions
made herein; nor for incidental or consequential damages resulting from
the furnishing, performance or use of this material. The user guides
included with your original product purchased by you from ProSoft,
contains information protected by copyright. No part of the guide may be
duplicated or reproduced in any form without prior written consent from
ProSoft.

5.5.3

DISCLAIMER REGARDING HIGH RISK ACTIVITIES

PRODUCT MANUFACTURED OR SUPPLIED BY PROSOFT IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR
USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE (INCLUDING, WITHOUT LIMITATION, THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OF COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES
OR WEAPONS SYSTEMS), IN WHICH THE FAILURE OF THE PRODUCT
COULD LEAD DIRECTLY OR INDIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (COLLECTIVELY,
"HIGH RISK ACTIVITIES"). PROSOFT SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
ACTIVITIES.

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