Multi-Tech Systems 7500, 7600 manual Limitation of Liability

Limitation of Liability

Power Measurement Ltd. (“Power Measurement”) reserves the right to make changes in the device or its specifications identified in this document without notice. Power Measurement advises customers to obtain the latest version of the device specifications before placing orders to verify that the information being relied upon by the customer is current.

Regardless of whether any remedy set forth herein fails of its essential purpose, except to the extent the following limitation is prohibited by applicable law, Power Measurement shall not, in any event or under any legal claim or theory (whether based on contract, indemnity, warranty, tort (including negligence and strict liability) or otherwise), be liable to the original purchaser or any other person or entity for special, indirect, incidental, punitive, liquidated, special or consequential damages whatsoever with respect to any purchased product, including, without limitation, business interruption, loss of use, profit or revenue, even if Power Measurement has been advised of the possibility of such damages. To the extent that a limitation or exclusion of consequential damages are prohibited by applicable law, then Power Measurement’s liability shall be limited to twice the amount of the relevant purchased product. Not to limit the foregoing, a) Power Measurement shall not be liable for any claim (other than a claim solely for the breach of one of the above Warranties that is made in accordance with the above described procedures) made by the original purchaser, its employees, agents, or contractors for any loss, damage, or expense incurred due to, caused by, or related to any purchased product; and b) the above Warranties are the original purchaser's exclusive remedy and Power Measurement hereby expressly disclaims all other warranties, express or implied, including, without limitation, warranties of non-infringement and the implied warranties of merchantability and fitness for a particular purpose.

These limited Warranties shall not apply to any product that has been subject to alteration, accident, misuse, abuse, neglect or failure to exactly follow Power Measurement's instructions for operation and maintenance. Any technical assistance provided by Power Measurement's personnel or representatives in system design shall be deemed to be a proposal and not a recommendation. The responsibility for determining the feasibility of such proposals rests with the original purchaser and should be tested by the original purchaser. It is the original purchaser’s responsibility to determine the suitability of any product and associated documentation for its purposes. The original purchaser acknowledges that 100% "up" time is not realizable because of possible hardware or software defects. The original purchaser recognizes that such defects and failures may cause inaccuracies or malfunctions. Only the terms expressed in these limited Warranties shall apply and no distributor, corporation or other entity, individual or employee of Power Measurement or any other entity is authorized to amend, modify or extend the Warranties in any way.

The information contained in this document is believed to be accurate at the time of publication, however, Power Measurement assumes no responsibility for any errors which may appear here and reserves the right to make changes without notice.

ION, ION Enterprise, ION Meter Shop, ION Setup, ION Wire, ION Reader, PEGASYS, PowerView, ION 6200, ION 7300, ION 7330, ION 7350, ION 7500, ION 7600, ION 7700, ION 8300, ION 8400, ION 8500, COM32, COM128, Vista, VIP, Designer, Reporter, MeterM@il, WebMeter, EtherGate, ModemGate, Xpress Card, Feature Packs and “smart energy everywhere” are either registered trademarks or trademarks of Power Measurement. All other trademarks are property of their respective owners.

Covered by one or more of the following patents:

U.S. Patent No's 6397155, 6186842, 6185508, 6000034, 5995911, 5828576, 5736847, 5650936,

D459259, D458863, D435471, D432934, D429655, D429533.

Canadian Patent No's 2148076, 2148075.

Other patents pending.