with the Product (or, as applicable, any component thereof); (d) cosmetic
damage to the Product (or, as applicable, any component thereof) caused
by normal wear and tear; (e) shipping damage that occurs while the Product
is in transit; (f) damage caused by heat sources, sunlight, electromagnet-
ic conditions, or other climatic conditions; or (g) any acts of God. Product
is sold to Customer for personal, non-commercial use only. Product is not
warranted for Customer’s commercial or rental use.
In addition, Product is not warranted against failure, and should not be
used by Customer for any application where (i) there is a risk that any data
stored on Product will be breached or otherwise compromised, or (ii) the
data stored on Product is relied upon for medical or lifesaving applications.
SUMMIT ELECTRONICS LLC disclaims any Warranty for any of the foregoing
uses to the fullest extent permitted by law. Customer assumes any and all
risks associated with such uses of Product and agrees to indemnify SUM-
MIT ELECTRONICS LLC for any damages claimed against SUMMIT ELEC-
TRONICS LLC for such uses. EXCEPT FOR EXPRESS WARRANTIES STATED
ABOVE AND TO THE MAXIMUM EXTENTPERMITTED BYLAW, THE PROD-
UCTS ARE PROVIDED “AS IS”, AND SUMMIT ELECTRONICS LLC DISCLAIMS
ALLOTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY(I) OF ERCHANTABILITY, (II) OF FITNESS FOR APARTICULAR
PURPOSE, OR (III) OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL SUMMIT ELECTRO- NICS LLC BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS OR REVENUES, LOSS OR INACCURACY OF ANY DATA
OR COST OF SUBSTITUTE GOODS, REGARDLESS OF THE THEORY OF LI-
ABILITY (INCLUDING NEGLIGENCE) AND EVEN IF SUMMIT ELECTRONICS
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUMMIT
ELECTRONICS LLC’S AGGREGATE LIABILITY TO CUSTOMER FOR ACTUAL
DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO
THE CUMULATIVE PRODUCT FEES PAID BY THAT CUSTOMER FOR THE
PRODUCT CAUSING THE DAMAGES, IF ANY. This Warranty gives Customer
specics rights, and Customer may also have other rights that vary from
jurisdiction to jurisdiction. To obtain Warranty service, Customer must email
SUMMIT ELECTRONICS LLC Technical Support prior to making a Product re-
turn. Customer must include with Product return the following items (failure
to enclose any of these items may result in a delay in the processing of your
Warranty claim): (i) a dated sales receipt that indicates the place of pur-
chase, model number of Product, and amount paid; (ii) a detailed descrip-
EN 9