by Reseller for the Product, provided that Reseller returns the Product to Liftup in accordance
with Liftup’s standard return material authorization procedures or as otherwise instructed by
Liftup.
Warranty Exclusions and Disclaimers
The foregoing Product Limited Warranty shall only apply in the event and to the extent that (i)
the Product is properly and correctly installed, configured, interfaced, maintained, stored and
operated in accordance with Liftup’s specifications, and (ii) the Product is not modified or
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.