d. Voiding of Warranty.
The express warranty set forth above shall not apply to failure of the Product if the Product has
been subjected to: (i) physical abuse, misuse, improper installation, abnormal use, power
failure or surge, or use not consistent with the operating instructions provided by Enable-IT; (ii)
modification (including but not limited to opening the Product housing) or repair by any party in
any manner other than as approved by Enable-IT in writing; (iii) fraud, tampering, unusual
physical or electrical stress, unsuitable operating or physical conditions, negligence or
accidents; (iv) removal or alteration of the Product serial number tag; (v) improper packaging of
Product returns; or (vi) damage during shipment (other than during the original shipment of the
Product to the End User from Enable-IT, if applicable).
e. Warranty Disclaimers.
THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ENABLE-IT
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO PERSON (INCLUDING WITHOUT
LIMITATION, ENABLE-IT’S EMPLOYEES, AGENTS, RESELLERS, OEMS OR
DISTRIBUTORS) IS AUTHORIZED TO MAKE ANY OTHER WARRANTY OR
REPRESENTATION CONCERNING THE PRODUCT. IF THE DISCLAIMER OF ANY
IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH
IMPLIED WARRANTY IS LIMITED TO ONE (1) YEAR FROM THE DATE OF PURCHASE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. THIS WARRANTY GIVES THE END
USER SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER
RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. ENABLE-IT DOES
NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED
OR ERROR FREE. ENABLE-IT IS NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS
OF ANY PROGRAMS, DATA, OR OTHER INFORMATION STORED ON OR TRANSMITTED
USING THE PRODUCT.
2. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ENABLE-IT BE LIABLE TO THE END USER, OR ANY THIRD PARTY, FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH OR ARISING OUT OF THE SALE OR USE OF THE PRODUCT (INCLUDING
BUT NOT LIMITED TO LOSS OF PROFIT, USE, DATA, OR OTHER ECONOMIC ADVANTAGE),
HOWEVER IT ARISES, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY, OR IN
CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ENABLE-
IT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A
LIMITED REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN
NO EVENT SHALL ENABLE-IT’S LIABILITY TO THE END USER, OR ANY THIRD PARTY,
EXCEED THE PRICE PAID FOR THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO THE END USER.