3. EXCLUSIONS AND LIMITATIONS. This Limited Warranty applies only to Products
manufactured by or for Company that can be identified by the Pact trademark, trade name, or
logo affixed to it. The Limited Warranty does not apply to, and the term “Product” shall not
include, any (a) Company products and services other than the Product, or (b) software, even if
packaged or sold with the Product or embedded in the Product (e.g., firmware and/or system
software), and including our Pact Mobile Application (“Company Software”). Please refer to the
applicable licensing agreement that covers such Company Software for details of your rights with
respect to its use.
This Limited Warranty does not apply to any damage to the Product caused by: (a) use
with non-Company products; (b) accident, abuse, misuse, spillage of food or liquid, mishandling,
transport or other external causes; (c) operating the Product outside the permitted or intended
uses described by Company; (d) failure to follow the Product’s use, storage, or care instructions
or use of improper voltage or power supply; or (e) service performed by anyone who is not an
authorized service representative of the Company. This Limited Warranty also does not apply to
cosmetic damage to the Product, including but not limited to scratches or dents or defects or
parts requiring replacement due to ordinary wear and tear, corrosion, rust or stains, scratches,
dents on the casing or paintwork of the Product. This Limited Warranty excludes Products where
you fail to provide a dated proof of purchase or Products where the serial number has been
removed.
Recovery and reinstallation of software programs and user data are not covered under
this Limited Warranty. It is your responsibility to backup any data, software, or other materials you
may have stored or preserved on the Product. It is likely that such data, software, or other
materials will be lost or reformatted during the performance of any warranty service, and
Company will not be responsible for any such damage or loss.
Company does not warrant that the operations of the Product will be uninterrupted or
error-free.
No Company employee is authorized to make any modification, extension, or addition to
this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable,
the legality or enforceability of the remaining terms shall not be affected or impaired.
4. IMPLIED WARRANTIES AND CONDITIONS. EXCEPT TO THE EXTENT PROHIBITED BY
APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES
AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL
BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO
NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
5. LIMITATION OF DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE
LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING
FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY
OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
Impact Biosystems, Inc.
5 Colebrook St. Boston, MA 02127
9
