Product Warranty
To minimize the risk of potential safety problems, you should follow all applicable
local and national codes that regulate the installation and operation of your
equipment. These codes vary from area to are and usually change with time. It is your
responsibility to determine which codes should be followed, and to verify that the
equipment, installation and operation is in compliance with the latest revision of these
codes.
CIMON SOFTWARE AND HARDWARE (COLLECTIVELY REFFERED TO AS,
“PRODUCTS”) LICENSE DISCLAIMER AND LIMITATION OF WARRANTIES
YOUR USE OF ANY CIMON PRODUCTS AND CONTENT ACCESSIBLE THROUGH
THE PRODUCTS IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS
AGREEMENT, THE PRODUCTS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CIMON, ITS AFFILIATES, AND ITS THIRD PARTY
SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS
(COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE PRODUCTS ARE
FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-
INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO
THE PRODUCTS.
CIMON AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE
PRODUCTS ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS,
THEFT OR DESTRUCTION. FURTHER, CIMON DOES NOT WARRANT ACCESS TO
THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED
THROUGH THE PRODUCTS. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO
NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM
THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCTS, WHICHEVER IS
SOONER.
EQUIPMENT DAMAGE OR SERIOUS INJURY TO PERSONNEL INCLUDING DEATH
CAN RESULT FROM THE FAILURE TO FOLLOW ALL APPLICABLE CODES AND
STANDARDS INCLUDING ENGINEERING STANDARDS. CIMON DOES NOT
ASSUME ANY RESPONSIBILITY FOR YOUR PRODUCT DESIGN, INSTALLATION OR
OPERATION.
Product Warranty
CIMON LTD AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REP-
RESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PRODUCTS WILL
SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR
REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CIMON, AND ITS AFFILIATES
AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT
SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS DURING THE
TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
THE STATUTE OF LIMITATIONS FOR FILING A CLAIM SHALL BE LIMITED TO THE
SHORTER OF TWELVE MONTHS, OR THE SHORTEST PERIOD ALLOWED UNDER
APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW, CIMON AND ITS AFFILIATES AND SUPPLIERS ARE
NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES
OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS,
CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS
OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE
OR HARDWARE THAT DOES NOT MEET CIMON SYSTEM REQUIREMENTS. THE
ABOVE LIMITATIONS APPLY EVEN IF CIMON AND ITS AFFILIATES AND SUPPLIERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR THE
POSSIBILITY OF DAMAGES GREATER THAN THE LIMITATION ABOVE. THIS
AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CIMON, ITS AFFILIATES AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
THE PARTIES FURTHER AGREE THAT THE APPLICABLE LAW AND VENUE FOR
ANY DISPUTED ARE THE LAWS OF CALIFORNIA. TO THE EXTENT ALLOWED BY
APPLICABLE LAW, ANY CLAIMS SHALL BE BROUGHT IN LOS ANGELES CALIFORNIA
AND CALIFORNIA LAW SHALL APPLY. THE CALIFORNIA VERSION OF THE UCC IS
THE PREFERRED LAW TO BE APPLIED TO ANY WARRANT AND RELATED CLAIMS.
