
XYBERNAUT MA IV User’s Guide February 1999 v
Xybernaut Corporation liability under this Limited Warranty shall be limited solely
to repair or replacement as provided for above and Xybernaut Corporation
assumes no risk of, and shall not in any case be liable for any other damages,
including, without limitation, any special, incidental consequential or punitive
damages arising from breach of warranty or contract, negligence or any other
legal theory, including, without limitation, loss of goodwill, profits or revenue,
loss of use of the Product or any associated equipment, cost of capital, cost of
any substitute equipment, facilities or service, downtime costs, or claims of any
party dealing with the Purchaser for such damages. The employees and agents of
Xybernaut Corporation are not authorized to make modifications to warranties,
or additional warranties binding on Xybernaut Corporation; accordingly,
additional statements, whether oral or written, do not constitute warranties and
should not be relied upon by the Purchaser.
The warranties set forth in the warranty statement allocate the risk of Product
failure between seller and buyer as authorized by the Uniform Commercial Code
and other applicable law.
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER
WARRANTIES, OTHER THAN WARRANTY OF TITLE, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED THE WARRANTIES OR MECHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow limitation on the duration of implied warranties. Some
states do not allow the exclusion or limitation of incidental or consequential
damages in which case, any such limitation set forth herein, or other such
exclusion may not apply to purchasers residing within those states.
This warranty grants the purchaser specific legal rights. The purchaser also may
have other rights, which may vary from state to state.
Xybernaut Corporation reserves the right to change its warranty policy at any
time. Such new warranty shall immediately take effect and apply to products sold
and distributed after the date of such change in warranty.
ACKNOWLEDGMENTS
Mobile Assistant, MA IV™, XyberView, XyberPanel, XyberPort, XyberKey,
XyberCam, and linkAssist are trademarks of Xybernaut Corporation. MS-DOS
Windows, Windows 95, Windows 98 and Windows NT are registered
trademarks of Microsoft Corporation. IBM and ViaVoice are registered
trademarks of International Business Machines Corporation. Pentium, Intel, and
MMX are registered trademarks of Intel Corporation. All other trademarks and
registered trademarks are property of their respective corporation.