CyberPower Systems CPS725SL user manual Exclusion of Consequential and Other Damages

CPS725SL

Guaranteed Uninterruptible Power System

2.As to Connected Equipment, the Power Control Guarantee covers only damage within the specific terms of the Power Control Guarantee to Connected Equipment (and only up to the applicable aggregate ceiling amount).

3.The Power Control Guarantee does not cover damage to Connected Equipment or apply if the Product has been operated in a failure mode or not in compliance with CyberPower operating instructions and manuals, or if the Connected Equipment has been operated in a failure mode or not in compliance with the instructions and manuals of its manufacturer/vendor.

The Limited Warranty and the Power Control Guarantee Do Not Apply Unless The Initial Cus- tomer:

1.Has properly connected the Product and the Connected Equipment to properly wired and grounded outlets (in- cluding compliance with electrical and safety codes of the most current electrical code (ANS/NFPA 70), without the use of any adapters, extension cords of other connectors.

2.Has provided a suitable and proper environment for use and installation of the Product and Connected Equip- ment.

3.Has properly installed and operated the CyberPower Product and Connected equipment.

4.Has operated the Product at all times within the limitations on the Product’s VA capacity as stated in this User Manual.

CyberPower Does Not Cover or Undertake Any Liability in Any Event for Any of the Following:

1.Loss of or damage to data, records, or software or the restoration of data or records, or the reinstallation of software.

2.Damage from causes other than AC Power Line Transients, spikes, or surges on properly installed, grounded and code-compliant 120 volt power lines in the United States and Canada; transients, surges or spikes on stan- dard telephone land lines, PBX telephone equipment lines or Base 10T Ethernet lines, when properly installed and connected. (This exclusion applies, for example, to fluctuations in data transmission or reception, by CATV or Therefore transmission or fluctuations, or by transients in such transmission.

3.Damage from any circumstance described as excluded above with respect to the product.

4.Damages from fire, flood, wind, rain, rising water, leakage or breakage of plumbing, abuse, misuse or alteration of either the product or the Connected Equipment.

Exclusion of Consequential and Other Damages.

The sole and exclusive remedies of the Initial Customer are those provided by the Limited Warranty and Power Con- trol Guarantee. CyberPower excludes any liability for personal injury under the Limited Warranty and Power Control Guarantee. CyberPower excludes any liability for direct, indirect, special, incidental or consequential damages, whether for damage to or loss of property [EXCEPT FOR (AND ONLY FOR) the specific limited agreement of CY- BERPOWER to provide certain warranty benefits regarding "Connected Equipment" under the "CYBERPOWER Power Control Guarantee"], loss of profits, business interruption, loss of information or data. NOTE: Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

DO NOT USE FOR MEDICAL OR LIFE SUPPORT EQUIPMENT OR OTHER HIGH RISK ACTIVI- TIES.

CyberPower does not sell the Products for use in high-risk activities. The Product is not designed or intended for use in hazardous environments requiring fail-safe performance, including the operation of nuclear facilities, aircraft naviga- tion or communication systems, air traffic control, weapons systems, life support or medical applications or for use in any circumstance in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage, or that would affect operation or safety of any medical or life support device (collectively, "High Risk Activities"). CyberPower expressly disclaims any express or implied warranty of fitness for High Risk Activities.

CyberPower does not authorize use of any of its products use in any High Risk Activities.

ANY SUCH USE IS IMPROPER AND IS A MISUSE OF CYBERPOWER PRODUCTS.

The Limited Warranty and the Power Control Guarantee are governed by the laws of the United States and the State of Minnesota, without reference to conflict of law principles. The

application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

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