misused. This Product Limited Warranty shall not apply to, and Liftup shall not be responsible
for, defects or performance problems resulting from: (a) the combination or utilization of the
Product with hardware or software products, information, data, systems, interfaces, services or
devices not made, supplied or specified by Liftup; (b) the operation of the Product under any
specifications other than, or in addition to, Liftup’s standard published specifications for the
Product; (c) the unauthorized installation, modification or use of the Product; (d) damage caused
by: accident, lightning or other electrical discharge, water immersion or spray, or exposure to
environmental conditions for which the Product is not intended; or (e) normal wear and tear on
consumable parts, including by way of example and without limitation, batteries.
LIFTUP DOES NOT WARRANT OR GUARANTEE THE RESULTS OBTAINED THROUGH THE USE OF
THE PRODUCT. THE FOREGOING TERMS OF THE PRODUCT LIMITED WARRANTY STATE LIFTUP’S
ENTIRE LIABILITY, AND RESELLER’S EXCLUSIVE REMEDIES, RELATING TO THE USE AND
PERFORMANCE OF THE PRODUCT EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS
PRODUCT LIMITED WARRANTY, THE PRODUCT, ACCOMPANYING DOCUMENTATION AND
MATERIALS, AND/OR ANY EMBEDDED SOFTWARE/FIRMWARE AND UPDATES THERETO ARE
PROVIDED “AS-IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, BY EITHER
LIFTUP OR ANYONE WHO HAS BEEN INVOLVED IN ITS CREATION, PRODUCTION, INSTALLATION
OR DISTRIBUTION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE
PART OF LIFTUP ARISING OUT OF, OR IN CONNECTION WITH, THE PRODUCT. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING:
THE PRODUCT MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN
WHICH THE FAILURE OF THE PRODUCT WOULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE OR SEVERE FINANCIAL LOSS. ANY USE OR
DISTRIBUTION BY RESELLER OR ITS CUSTOMERS IN CONNECTION WITH ANY SUCH
ENVIRONMENT OR APPLICATION SHALL BE AT RESELLER’S AND ITS CUSTOMERS’ SOLE RISK, AND
LIFTUP SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION THEREWITH. RESELLER SHALL
INDEMNIFY AND HOLD LIFTUP AND ITS SUPPLIERS HARMLESS FROM ANY CLAIM BROUGHT
AGAINST LIFTUP WHICH ARISES FROM RESELLER’S USE OR DISTRIBUTION OF THE PRODUCT IN
CONNECTION WITH SUCH ENVIVRONMENTS OR APPLICATIONS. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED
WARRANTY, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO EVERY RESELLER.
Embedded Software/Firmware
The Product and associated tools, if any, may contain embedded software/firmware, which is
licensed, not sold, and is only for use within the Product as an integral part thereof. Such
embedded software/firmware (which includes all updates thereto) contains valuable trade
secrets and is proprietary to Liftup A/S and its suppliers. To the greatest extent permitted by
law, such embedded software/firmware may not be modified, copied, disassembled,
decompiled or reverse engineered. Liftup reserves all other rights.
Limitation of Liability
LIFTUP’S ENTIRE LIABILITY REGARDING THE PRODUCT SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY RESELLER FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY