Disclaimer of Warranty
DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH IN ITS STANDARD LIMITED WARRANTY, AS IT MAY BE AMENDED BY PRINCETON TECHNOLOGY, INC. FROM TIME TO TIME. PRINCETON TECHNOLOGY, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE OR MERCHANTABILITY. LIMITATION OF LIABLITY: IN NO EVENT SHALL PRINCETON TECHNOLOGY, INC. BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE BUSINESS, PROFITS, EXPENDITURES, INVESTMENTS OR OTHER COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE PRODUCTS, COST OF CAPITAL, OR FOR THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PRINCETON TECHNOLOGY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. ANY DAMAGES THAT PRINCETON TECHNOLOGY, INC. IS REQUIRED TO PAY FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF THE FORM OF THE ACTION IN THE AGGREGATE, SHALL BE LIMITED IN AMOUNT TO THE PAYMENTS MADE BY THE PURCHASER TO PRINCETON TECHNOLOGY, INC. FOR THE SPECIFIC PRODUCTS TO WHICH PRINCETON TECHNOLOGY, INC’S LIABILITY RELATES. Purchaser will forward promptly to PRINCETON TECHNOLOGY, INC. all questions, comments and complaints with respect to the Products that it may receive from the Customers; and Purchaser will forward promptly to Customers, at the request of PRINCETON TECHNOLOGY, INC., any materials supplied by PRINCETON TECHNOLOGY, INC. relating to the Products, including but not limited to warranty and other Product information. Purchaser acknowledges PRINCETON TECHNOLOGY, INC.’s ownership of all right, title and interest in all of PRINCETON TECHNOLOGY, INC.’s trade names, trademarks and service marks, including without limitation the names or titles listed in this invoice (”Marks”). Purchaser shall not, directly or indirectly, register, apply for registration or attempt to acquire any legal protection for identical or confusingly similar Marks or any proprietary rights in its own name or take any other action which may adversely affect PRINCETON TECHNOLOGY, INC.’s right, title or interest in or to the Marks. Purchaser shall not use any of the Marks, or any confusingly similar Mark, in whole or in part, as part of Purchaser’s business or trade name, or as part of an Internet URL used by Purchaser, without the express prior written consent of PRINCETON TECHNOLOGY, INC. Purchaser will represent, display and demonstrate PRINCETON TECHNOLOGY, INC.’s product and services fairly at all times, and will refrain from making any knowingly false or misleading statements, claims or representations with respect to PRINCETON TECHNOLOGY, INC., PRINCETON TECHNOLOGY, INC.’s products or services, or any of PRINCETON TECHNOLOGY, INC.’s other resellers, partners or Affiliates. Purchaser will maintain high standards of professionalism in marketing PRINCETON TECHNOLOGY, INC.’s products and services, and will refrain from any unethical conduct or any other conduct that tends to damage the reputation of PRINCETON TECHNOLOGY, INC. Purchaser agrees to take any and all actions necessary to comply with applicable US export laws and regulations and other applicable foreign laws with respect to the Products in this invoice, including making determinations of final destination of Products licensed to Licensees if any Product may be re-exported or transferred to a location outside of the United States. Purchaser agrees that any export or re-export of Product shall be done in accordance with the United States Export Administration Regulations. Diversion contrary to U.S. Law is prohibited. Purchaser agrees not to export or re-export Products to countries subject to applicable embargoes or which have export restrictions based on anti-terrorism considerations or to any person or entity on the U.S. Department of Commerce Denied Persons List or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists. All other trademarks, trade names, logos or service marks mentioned on this site aside from Princeton Technology, belong to their respective owners.