SUMMIT ELECTRONICS LLC or a party authorized in writing by SUMMIT ELEC-
TRONICS LLC; (c) any damage to Product (or, as applicable, any component
thereof) due to power surges, incorrect electrical voltage, misconnection to any
device, or malfunction of any device used with the Product (or, as applicable,
any component thereof); (d) cosmetic damage to the Product (or, as appli-
cable, any component thereof) caused by normal wear and tear; (e) shipping
damage that occurs while the Product is in transit; (f) damage caused by heat
sources, sunlight, electromagnetic conditions, or other climatic conditions; or
(g) any acts of God. Product is sold to Customer for personal, non-commer-
cial use only. Product is not warranted for Customer's commercial or rental
use. In addition, Product is not warranted against failure, and should not be
used by Customer for any application where (i) there is a risk that any data
stored on Product will be breached or otherwise compromised, or (ii) the
data stored on Product is relied upon for medical or lifesaving applications.
SUMMIT ELECTRONICS LLC disclaims any Warranty for any of the foregoing
uses to the fullest extent permitted by law. Customer assumes any and all
risks associated with such uses of Product, and agrees to indemnify SUMMIT
ELECTRONICS LLC for any damages claimed against SUMMIT ELECTRONICS
LLC for such uses. EXCEPT FOR EXPRESS WARRANTIES STATED ABOVE
AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS
ARE PROVIDED "AS IS", AND SUMMIT ELECTRONICS LLC DISCLAIMS
ALL OTHER WARRANTIES, INCLUDING WITHOUT FITNESS FOR A PAR-
TICULAR PURPOSE, LIMITATION ANY IMPLIED WARRANTY (I) OF MER-
CHANTABILITY, (II) OF OR (III) OF NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICA BLE LAW,
IN NO EVENT WILL SUMMIT ELECTRONICS LLC BE LIABLE TO CUSTOMER
OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSE-
QUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS OR REVENUES, LOSS OR INACCURACY
OF ANY DATA OR COST OF SUBSTITUTE GOODS, REGARDLESS OF THE
THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN IF SUMMIT
ELECTRONICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, SUMMIT ELECTRONICS LLC'S AGGREGATE LIABILITY TO
EN 12