HT-4212/TT-4212 Installation Guide
- ii - NexTraq Proprietary & Confidential
Limited Warranty
DISCLAIMER REGARDING THE ,DOCUMENTATIONS AND RELATED MATERIALS:THE SOFTWARE, DOCUMENTATION AND
RELATED MATERIALS ARE PROVIDED “AS IS.”EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH
HEREIN, NEXTRAQ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THE SOFTWARE, DOCUMENTATION OR RELATED MATERIALS INCLUDING BY WAY OF EXAMPLE, AND
NOT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BY WAY OF FURTHER EXAMPLE AND NOT LIMITATION, NEXTRAQ MAKES NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY OR COMPLETENESS
OF THE DOCUMENTATION OR THE RELATED MATERIALS. THE ENTIRE RISK AS TO THE USE OF THE
SOFTWARE, DOCUMENTATION AND RELATED MATERIALS IS ASSUMED BY YOU. IN NO EVENT SHALL
NEXTRAQ BE LIABLE TO YOU OR ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE
EFFECTIVENESS OR ACCURACY OF THE SOFTWARE, DOCUMENTATION OR RELATED MATERIALS OR FOR
ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY
YOUR USE OF THE SOFTWARE, DOCUMENTATION OR RELATED MATERIALS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE INEFFECTIVE, YOU HEREBY AGREE THAT NEXTRAQ’S MAXIMUM LIABILITY FOR ANY
CLAIM ARISING IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION AND/OR RELATED MATERIALS
(WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) SHALL
NOT EXCEED THE LICENSE FEES PAID BY YOU WITH RESPECT TO THE SOFTWARE, DOCUMENTATION
AND/OR RELATED MATERIALS AT ISSUE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING PROVISION, WITH RESPECT TO
EXCLUDING OR LIMITING SUCH DAMAGES, MAY NOT APPLY TO YOU.
ACKNOWLEDGEMENT:You acknowledge that you have read this LIMITED WARRANTY, understand it and agree to be bound by
its terms and conditions. You also agree that: (1) No oral or written information or advice given by NexTraq, its dealers, distributors,
agents or employees shall in any way increase the scope of this Limited Warranty and you may not rely on any such information or
advice; (2) Unless a written governing agreement signed by you and NexTraq exists, this License Agreement is the complete and
exclusive statement of agreement between NexTraq and you regarding the licensing of the Software, Documentation and Related
Materials and supersedes all proposals, oral or written, and any other communications you may have had prior to purchasing your
license; (3) Except for the price and delivery terms agreed upon by both parties, the terms and conditions of this License Agreement
shall supersede those set forth in any purchase order where the purchase order conflicts or is inconsistent with or adds to the terms
and conditions of this License and those superseded purchase order terms and conditions shall be null and void; (4) You agree to
assure that copies of this License Agreement are distributed, read and agreed to by each Developer using the Software and/or
Documentation.
GOVERNING LAW:This Agreement shall be governed by the laws of the State of Georgia, United States, excluding its conflicts of law
principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
