D-Link DFE-538TX [60/64] Limitation of liability

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Operational adjustments covered in the operating manual for the product, and normal

maintenance;

Damage that occurs in shipment, due to act of God, failures due to power surge, and

cosmetic damage; and

Any hardware, software, firmware or other products or services provided by anyone other

than D-Link.

Disclaimer of Other Warranties: EXCEPT FOR THE LIMITED WARRANTY

SPECIFIED HEREIN, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY

WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE

DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION

OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS.

EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY

PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND

PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, D-LINK

IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER

LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT,

INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, SPECIAL,

INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES

FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR

MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR

INTEGRATED WITH ANY PRODUCT RETURNED TO D-LINK FOR WARRANTY

SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY

SERVICE, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF

D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE