SURFOX
Smart Passivation Tester
TM
WARRANTY, GUARANTEE OR ASSURANCE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR ANY PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR WARRANTIES
ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WALTER AND ITS SUPPLIERS,
LICENSORS AND AFFILIATES DO NOT WARRANT AND/OR ASSUME RESPONSIBILITY FOR THE
ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, READING, GRAPHICS, LINKS OR
OTHER ITEMS CONTAINED WITHIN THE PRODUCT. THERE IS NO WARRANTY BY WALTER, ITS
LICENSORS AND/OR AFFILIATES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN
THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL
BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS,
OR THAT THE PRODUCT IS OR WILL BE ACCURATE IN ITS RESPONSES AND RESULTS. YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE PRODUCT TO ACHIEVE
YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
6.2
Limitation of Liability.
(i)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
WALTER, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS, CONTRATORS AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, REVENUE, SALES, DATA, INTERRUPTION OF BUSINESS AND/OR LOSS
OF BUSINESS INFORMATION), HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCT, UNAUTHORIZED USE OF THE PRODUCT, PERFORMANCE OF
THE PRODUCT, THE NON-PERFORMANCE OF THE PRODUCT, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR
TRANSMISSION OF THE PRODUCT, AND/OR ANY OTHER FAILURE OF PERFORMANCE OF THE
PRODUCT, IN ALL CASES EVEN IF WALTER, ITS LICENSORS AND/OR AFFILIATES ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WALTER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE
LIMITED TO ONE (1) DOLLAR.
(ii)
Without limiting the foregoing, you acknowledge that in no event shall Walter or any of its
suppliers, affiliates, employees, agents or representatives be liable for any loss, damage, cost or injury
(including as a result of corrosion of a metallic surface or object), arising out of or relating to your
misinterpretation or faulty interpretation of any data analyzed by the Product. You acknowledge that
Walter's passivation analysis and measurement product marketed as the "SURFOX Smart Passivation
Tester" is intended to be used to test the quality and thickness of a layer of coating on a metal surface
or object at a specific point of reference. A measurement of coating thickness or quality at one point of
a surface or object may not be indicative of the quality and thickness of the coating at any other point
of the surface or object, much less the entirety of the surface or object.
6.3
Application of Exclusions and Limitations. THE FOREGOING EXCLUSIONS AND
LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL
SURVIVE CANCELLATION OR TERMINATION OF THIS EULA. IF APPLICABLE LAW DOES NOT
ALLOW ALL OR ANY PART OF THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY
TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Article 7.
TERMINATION
7.1
Expiry of License Period. Upon expiry of the License Period, the License granted under this
EULA shall terminate and you shall cease using the Product.
7.2
Termination by You. You may terminate this EULA at any time and for any reason by
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