(a) consumable parts, such as batteries, or protective coatings designed to
diminish over time unless failure has occurred due to a defect in materials or
workmanship; (b) damage caused by use with non-EPU II USB DONGLE
products; (d) damage caused by accidents, misuse, abuse, neglect,
misapplication, fire, water, lightning or other acts of nature; incorrect electrical
line voltage, fluctuations or surges; damage caused by improper installation;
product alteration or modification; improper or unauthorized repair; exterior
finish or cosmetic damage; (e) damage caused by operating EPU II USB
DONGLE outside the intended uses described by Emoshape; (f) defects
caused by normal wear and tear or otherwise due to the normal aging of the
EPU II USB DONGLE product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE
LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR
LATENT DEFECTS, SHALL APPLY AFTER THE EXPRESS WARRANTY
PERIOD STATED ABOVE, AND NO OTHER EXPRESS WARRANTY
OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION
WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON
EMOSHAPE.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM
EXTENT PERMITTED BY LAW, EMOSHAPE IS NOT RESPONSIBLE FOR
LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR
OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL,
LOSS OF REPUTATION, LOSS OF, DAMAGE TO, COMPROMISE OR
CORRUPTION OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE