TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS HARDWARE,
COMPONENTS AND SOFTWARE PROVIDED BY, THROUGH OR UNDER ANI-AV, INC (COLLECTIVELY,
"THE PRODUCT"). By using installing or using the
Product, you unconditionally signify your agreement to these Terms and Conditions.
If you do not agree to these Terms and Conditions, do not use the Product and return
the Product to ANI-AV, Inc. at the return address set forth on the Product's
packing label at your expense. ANI-AV, Inc. may modify these Terms and Conditions
at anytime, without notice to you.
Restrictions On Use of the Product
It is your responsibility to read and understand the installation and operation
instructions, both verbal and in writing, provided to you with respect to the Product.
You are authorized to use the Product solely in connection with such instructions.
Any use of the Product not in accordance with such instructions shall void any warranty
pertaining to the Product. Any and all damages that may occur in the use of the
Product that is not strictly in accordance with such instructions shall be borne
by you and you agree to indemnify and hold harmless ANI-AV, Inc. from and against
any such damage.
The Product is protected by certain intellectual property rights owned by or licensed
to ANI-AV. Any intellectual property rights pertaining to the Product are licensed
to you by ANI-AV, Inc. and/or its affiliates, including any manufacturers or distributors
of the Product (collectively, "ANI-AV") for your personal use only, provided
that you do not change or delete any proprietary notices that may be provided with
respect to the Product.
The Product is sold to you and any use of any associated intellectual property is
deemed to be licensed to you by ANI-AV for your personal use only. ANI-AV does not
transfer either the title or the intellectual property rights to the Product and
ANI-AV retains full and complete title to the intellectual property rights therein.
All trademarks and logos are owned by ANI-AV or its licensors and providers of the
Product, and you may not copy or use them in any manner without the prior written
consent of ANI-AV, which consent may be withheld at the sole discretion of ANI-AV.
The functionality and usability of the Product is controlled by ANI-AV, Inc. from
its offices within the State of Texas, United States of America. ANI-AV makes no
representation that materials pertaining to the Product are appropriate or available
for use in other locations other than the shipping address you provided with respect
thereto. You are advised that the Product may be subject to U.S. export controls.
Disclaimers and Limitation of Liability
ANI-AV may change or modify the Product at any time, from time to time. THE PRODUCT
IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. ANI-AV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF "THE PRODUCT" CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
ANI-AV has no duty or policy to update any information or statements pertaining
to the Product and, therefore, such information or statements should not be relied
upon as being current as of the date you use the Product. Moreover, any portion
of the materials pertaining to the Product may include technical inaccuracies or
typographical errors. Changes may be made from time to time without notice with
respect to the Product.
TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, ANI-AV DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANI-AV
DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION WITH
RESPECT TO THE PRODUCT. ANI-AV DOES NOT WARRANT THAT THE FUNCTIONS PERTAINING TO
THE PRODUCT WILL BE ERROR-FREE, THAT DEFECTS WITH RESPECT TO THE PRODUCT WILL BE
CORRECTED, OR THAT THE MATERIALS PERTAINING THERETO ARE FREE OF DEFECTS OR OTHER
HARMFUL COMPONENTS. ANI-AV WILL USE ITS REASONABLE EFFORTS TO CORRECT ANY DEFECTS
IN THE PRODUCT UPON TIMELY WRITTEN NOTICE FROM YOU NOT TO EXCEED 10 BUSINESS DAYS
AFTER RECEIPT BY YOU OF THE PRODUCT, BUT YOU (AND NOT ANI-AV) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION THAT WAS CAUSED BY YOU UNLESS
OTHERWISE AGREED TO IN A SEPARATE WRITING BY ANI-AV.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANI-AV
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE THE PRODUCT IN ACCORDANCE WITH ITS SPECIFICATIONS, EVEN
IF ANI-AV OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ANI-AVS TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO ANI-AV,
IF ANY, FOR THE PRODUCT.
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