2.2. The Warranty does not apply to any non-MEEM hardware products
or any software, even if packaged or sold with the MEEM Product.
Manufacturers, suppliers, or publishers, other than MEEM, may provide
their own warranties to the end-user purchaser and the terms of those
warranties generally govern your rights in relations to such hardware
products or software. Software distributed by MEEM with or without
the MEEM brand name (including, but not limited to system software) is
not covered under this Warranty. Please refer to the licensing agreement
accompanying the software for details of your rights with respect to its use.
2.3. MEEM does not warrant that the operation of the MEEM Product will
be uninterrupted or error-free.
2.4. MEEM is not responsible for damage arising from failure to follow
instructions relating to the MEEM Product’s use.
2.5. This Warranty does not apply: (a) to damage caused by use of the
MEEM Product with non-MEEM software; (b) to damage caused by fair
wear and tear, abnormal storage conditions, incorrect use, accident,
abuse, misuse, ood, re, earthquake or other external causes; (c) to
damage caused by operating the MEEM Product outside the permitted
or intended uses described by MEEM; (d) to a MEEM Product that has
been modied to alter functionality or capability without the written
permission of MEEM; (e) to damage caused by the failure to operate the
MEEM Product in accordance with the MEEM User Guide; or (f) to damage
caused by using the MEEM Product for a purpose other than its original
intended purpose.
2.6. The Warranty is conditional upon evidence to the reasonable
satisfaction of MEEM of retail purchase of the MEEM Product by the
original end-user purchaser.
2.7. For the purposes of this Warranty, an end-user is a ‘Consumer’ if
the end-user is an individual acting for purposes wholly or mainly outside
their trade, business, craft or profession.
Paragraph 2.8. only applies if you are not a Consumer.
2.8. If the end-user is not a Consumer: (a) then except as expressly stated
in this Warranty, MEEM does not give any representation, warranties or
undertakings in relation to the MEEM Product; and (b) any representation,
condition or warranty which might be implied or incorporated into this
Warranty by statute, common law or otherwise is excluded to the fullest
extent permitted by law.
2.9. Nothing in this Warranty excludes or limits MEEM’s liability for death
or personal injury arising from its negligence (or otherwise where the end-
user is a Consumer), MEEM’s fraud or fraudulent misrepresentation, or
any other liability that cannot be excluded or limited under English law.
In certain circumstances it is not possible for MEEM to limit or exclude
its liability and this is particularly the case if the end-user is a Consumer.
Where the end-user is a Consumer, the limitations of liability that are set
out in paragraph 2.11. shall not apply to such end-user.
2.10. Subject to paragraph 2.9, where the end-user is a Consumer, MEEM
is responsible to that end-user for foreseeable loss and damage that is
caused by MEEM. If MEEM fails to comply with its obligations under this
Warranty, MEEM is responsible for loss or damage which that end-user
suers and which is a foreseeable result of MEEM breaking its obligations
or MEEM failing to use reasonable care and skill. MEEM is not responsible
to an end-user or to any third party for:
(a) losses that were not foreseeable as a probable result of the
breach of this Warranty when the original end-user purchased the
MEEM Product;
(b) losses that were not caused by a breach of this Warranty by
MEEM and/or any of its ocers, employees, agents, contractors or
subcontractors; and/or
(c) losses incurred in connection with the operation of a business such
as loss of prot, sales, business, or revenue, loss of business, loss of
goodwill, loss of business opportunity, loss of anticipated savings and/
or business interruption.
