component thereof) due to power surges, incorrect electrical voltage,
misconnection 17 to any device, or malfunction of any device used
with the Product (or, as applicable, any component thereof); (d) cos-
metic damage to the Product (or, as applicable, any component there-
of) 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 climatic 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 compro-
mised, 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 foregoing uses to the fullest extent permit-
ted 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 EXTENTPERMITTED BYLAW, THE PROD-
UCTS ARE PROVIDED "AS IS", AND SUMMIT ELECTRONICS LLC
DISCLAIMS ALLOTHER WARRANTIES, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTY(I) OF ERCHANTABILITY,
(II) OF FITNESS FOR APARTICULAR PURPOSE, OR (III) OF NON-IN-
FRINGEMENT OF THIRD-PARTY RIGHTS. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
SUMMIT ELECTRO- NICS LLC BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CON-
SEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUD-
ING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES,
LOSS OR INACCURACY OF ANY DATA OR COST OF SUBSTITUTE
GOODS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUD-
ING NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUM-
MIT ELECTRONICS LLC'S AGGREGATE LIABILITY TO CUSTOMER
FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER
SHALL BE LIMITED TO THE CUMULATIVE PRODUCT FEES PAID BY
THAT CUSTOMER FOR THE PRODUCT CAUSING THE DAMAGES,
IF ANY. This Warranty gives Customer specifics rights, and Customer
EN 18