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Important User Information
Warranty
Microhard Systems Inc. warrants that each product will be free of defects in material and workmanship for a
period of one (1) year for its products. The warranty commences on the date the product is shipped by Micro-
hard Systems Inc. Microhard Systems Inc.’s sole liability and responsibility under this warranty is to repair or
replace any product which is returned to it by the Buyer and which Microhard Systems Inc. determines does
not conform to the warranty. Product returned to Microhard Systems Inc. for warranty service will be shipped
to Microhard Systems Inc. at Buyer’s expense and will be returned to Buyer at Microhard Systems Inc.’s ex-
pense. In no event shall Microhard Systems Inc. be responsible under this warranty for any defect which is
caused by negligence, misuse or mistreatment of a product or for any unit which has been altered or modified
in any way. The warranty of replacement shall terminate with the warranty of the product.
Warranty Disclaims
Microhard Systems Inc. makes no warranties of any nature of kind, expressed or implied, with respect to the
hardware, software, and/or products and hereby disclaims any and all such warranties, including but not lim-
ited to warranty of non-infringement, implied warranties of merchantability for a particular purpose, any inter-
ruption or loss of the hardware, software, and/or product, any delay in providing the hardware, software, and/
or product or correcting any defect in the hardware, software, and/or product, or any other warranty. The Pur-
chaser represents and warrants that Microhard Systems Inc. has not made any such warranties to the Pur-
chaser or its agents MICROHARD SYSTEMS INC. EXPRESS WARRANTY TO BUYER CONSTITUTES MICROHARD
SYSTEMS INC. SOLE LIABILITY AND THE BUYER’S SOLE REMEDIES. EXCEPT AS THUS PROVIDED, MICROHARD
SYSTEMS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PROMISE.
MICROHARD SYSTEMS INC. PRODUCTS ARE NOT DESIGNED OR INTENDED TO BE USED IN
ANY LIFE SUPPORT RELATED DEVICE OR SYSTEM RELATED FUNCTIONS NOR AS PART OF
ANY OTHER CRITICAL SYSTEM AND ARE GRANTED NO FUNCTIONAL WARRANTY.
Indemnification
The Purchaser shall indemnify Microhard Systems Inc. and its respective directors, officers, employees, suc-
cessors and assigns including any subsidiaries, related corporations, or affiliates, shall be released and dis-
charged from any and all manner of action, causes of action, liability, losses, damages, suits, dues, sums of
money, expenses (including legal fees), general damages, special damages, including without limitation,
claims for personal injuries, death or property damage related to the products sold hereunder, costs and de-
mands of every and any kind and nature whatsoever at law.
IN NO EVENT WILL MICROHARD SYSTEMS INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, BUSINESS INTERRUPTION, CATASTROPHIC, PUNITIVE OR OTHER DAMAGES WHICH MAY BE
CLAIMED TO ARISE IN CONNECTION WITH THE HARDWARE, REGARDLESS OF THE LEGAL THEORY BEHIND
SUCH CLAIMS, WHETHER IN TORT, CONTRACT OR UNDER ANY APPLICABLE STATUTORY OR REGULATORY
LAWS, RULES, REGULATIONS, EXECUTIVE OR ADMINISTRATIVE ORDERS OR DECLARATIONS OR OTHERWISE,
EVEN IF MICROHARD SYSTEMS INC. HAS BEEN ADVISED OR OTHERWISE HAS KNOWLEDGE OF THE POSSIBIL-
ITY OF SUCH DAMAGES AND TAKES NO ACTION TO PREVENT OR MINIMIZE SUCH DAMAGES. IN THE EVENT
THAT REGARDLESS OF THE WARRANTY DISCLAIMERS AND HOLD HARMLESS PROVISIONS INCLUDED ABOVE
MICROHARD SYSTEMS INC. IS SOMEHOW HELD LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR INJURY, MI-
CROHARD SYSTEMS INC.'S LIABILITY FOR ANYDAMAGES SHALL NOT EXCEED THE PROFIT REALIZED BY MI-
CROHARD SYSTEMS INC. ON THE SALE OR PROVISION OF THE HARDWARE TO THE CUSTOMER.
Proprietary Rights
The Buyer hereby acknowledges that Microhard Systems Inc. has a proprietary interest and intellectual prop-
erty rights in the Hardware, Software and/or Products. The Purchaser shall not (i) remove any copyright, trade
secret, trademark or other evidence of Microhard Systems Inc.’s ownership or proprietary interest or confiden-
tiality other proprietary notices contained on, or in, the Hardware, Software or Products, (ii) reproduce or modi-
fy any Hardware, Software or Products or make any copies thereof, (iii) reverse assemble, reverse engineer or
decompile any Software or copy thereof in whole or in part, (iv) sell, transfer or otherwise make available to
others the Hardware, Software, or Products or documentation thereof or any copy thereof, except in accord-
ance with this Agreement.
