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THESE REMEDIES SHALL BE THE BUYER’S EXCLUSIVE REMEDIES FOR
BREACH OF WARRANTY. EXCEPT FOR THE EXP RES S WARRANTY SET
FORTH ABOVE, SELLER GRANTS NO OTHER WARRANTIES, EXP RESS OR
IMPLIED BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS, THEIR
FITNESS FOR ANY PURP OSE, THEIR QUALITY, THEIR MERCHANTABILITY,
THEIR NONINFRINGEMENT, OR OTHERWISE. NO EMPLOYEE OF SELLER
OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY WARRANTY FOR
THE GOODS OTHER THAN THE WARRANTY SET FORTH HEREIN. SELLER’S
LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF
THE PURCHASE PRICE OF THE P RODUCT. IN NO EVENT SHALL SELLER BE
LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTI-
TUTE GO OD S BY BU YER O R FOR ANY SP ECIAL, CONSE QU ENTIAL,
INDIRECT, OR INCIDENTAL DAMAGES.
Buyer assumes the risk and agrees to indemnify Seller against and hold Seller harmless
from all liability relating to (i) assessing the suitability for Buyer’s intended use of the
Products and of any system design or drawing and (ii) determining the compliance of
Buyer’s use of the Products with applicable laws, regulations, codes, and standards.
Buyer retains and accepts full responsibility for all warranty and other claims relating to
or arising from Buyer’s products, which include or incorporate Products or components
manufactured or supplied by Seller. Buyer is solely responsible for any and all represen-
tations and warranties regarding the Products made or authorized by Buyer. Buyer will
indemnify Seller and hold Seller harmless from any liability, claims, loss, cost, or ex-
penses (including reasonable attorney’s fees) attributable to Buyer’s products or repre-
sentations or warranties concerning same.
56 Elo Entuitive Touchmonitor User Guide