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Software User’s Guide A-3
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Warranties
limitations
THE REMEDIES PROVIDED HEREIN ARE BUYER’S SOLE
AND EXCLUSIVE REMEDIES. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, IN NO EVENT SHALL
APPLIED BIOSYSTEMS BE LIABLE, WHETHER IN
CONTACT, TORT, WARRANTY OR UNDER ANY STATUTE
(INCLUDING WITHOUT LIMITATION ANY TRADE
PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE
OF SIMILAR IMPORT) OR ON ANY OTHER BASIS, FOR
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES SUSTAINED
BY BUYER OR ANY OTHER PERSON OR ENTITY,
WHETHER OR NOT FORESEEABLE AND WHETHER OR
NOT APPLIED BIOSYSTEMS IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES ARISING FROM OR RELATED TO
LOSS OF USE, LOSS OF DATA, FAILURE OR
INTERRUPTION IN THE OPERATION OF ANY EQUIPMENT
OR SOFTWARE, DELAY IN REPAIR OR REPLACEMENT,
OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF
GOOD WILL, LOSS OF BUSINESS OR OTHER FINANCIAL
LOSS OR PERSONAL INJURY OR PROPERTY DAMAGE.
NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF
APPLIED BIOSYSTEMS HAS ANY AUTHORITY TO BIND
APPLIED BIOSYSTEMS TO ANY AFFIRMATION,
REPRESENTATION, OR WARRANTY CONCERNING THE
PRODUCT THAT IS NOT CONTAINED IN THIS LIMITED
WARRANTY STATEMENT. ANY SUCH AFFIRMATION,
REPRESENTATION, OR WARRANTY MADE BY ANY
AGENT, EMPLOYEE, OR REPRESENTATIVE OF APPLIED
BIOSYSTEMS WILL NOT BE BINDING ON APPLIED
BIOSYSTEMS.
THIS WARRANTY IS LIMITED TO THE BUYER OF THE
PRODUCT FROM APPLIED BIOSYSTEMS AND IS NOT
TRANSFERABLE.