
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND INFRINGEMENT.
The warranty considerations by MicroVision set-forth above do not cover,
and MicroVision will have no obligations hereunder if any non-conformance
is caused in whole or in part by (a) accident, transportation, neglect, misuse,
exposure to extreme temperatures or excessive dust or moisture, alteration,
modification or enhancement of the Prototype(s), (b) incorporation, interfacing,
attachment of any feature, program, or device to the Prototype(s) by a person
or entity other than MicroVision, (c) use of the Prototype(s) for other than the
specific purpose for which the Prototype(s) are designed or (d) any use of the
Prototype(s) not in accordance with a guide or user manual. MicroVision does
not warrant that the Prototype or associated software will run error free or
without interruptions or will operate with third party applications. MicroVision is
not liable for loss of data or down time. MicroVision is not responsible for resolving
software issues caused by Customer Components or third party software.
LIMITATION OF LIABILLITY. IN NO EVENT WILL MICROVISION BE LIABLE
TO CUSTOMER FOR ANY LOST PROFITS, LOST OPPORTUNITIES,
OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES,
REGARDLESS OF THE FORM OF ACTION, BASIS OF THAT CLAIM, OR
THE THEORY UNDER WHICH THE CLAIM IS PRESENTED, EVEN IF THAT