SUMMIT ELECTRONICS LLC or a party authorized in writing by SUMMIT
ELECTRONICS LLC; (c) any damage to Product (or, as applicable, any com-
ponent thereof) due to power surges, incorrect electrical voltage, misconnec-
tion to any device, or malfunction of any device used with the Product (or,
as applicable, any component thereof); (d) cosmetic damage to the Product
(or, as applicable, any component thereof) caused by normal wear and tear;
(e) shipping damage that occurs while the Product is in transit; (f) damage
caused by heat sources, sunlight, electromagnetic conditions, or other climat-
ic conditions; or (g) any acts of God. Product is sold to Customer for personal,
non-commercial use only. Product is not warranted for Customer's commercial
or rental use. In addition, Product is not warranted against failure, and should
not be used by Customer for any application where (i) there is a risk that any
data stored on Product will be breached or otherwise compromised, or (ii) the
data stored on Product is relied upon for medical or lifesaving applications.
SUMMIT ELECTRONICS LLC disclaims any Warranty for any of the fore-
going uses to the fullest extent permitted by law. Customer assumes any
and all risks associated with such uses of Product, and agrees to indemnify
SUMMIT ELECTRONICS LLC for any damages claimed against SUMMIT
ELECTRONICS LLC for such uses. EXCEPT FOR EXPRESS WARRANTIES
STATED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE PRODUCTS ARE PROVIDED "AS IS", AND SUMMIT ELECTRONICS
LLC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT
FITNESS FOR A PARTICULAR PURPOSE, LIMITATION ANY IMPLIED
WARRANTY (I) OF MERCHANTABILITY, (II) OF OR (III) OF NON-IN-
FRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICA BLE LAW, IN NO EVENT WILL SUMMIT ELEC-
TRONICS LLC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS OR REVENUES, LOSS OR INACCURACY OF ANY DATA OR COST
OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS LLC
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