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Arduino - Warranties and Indemnification (voir la source)
Version du 18 mars 2012 à 17:41
, 18 mars 2012 à 17:41Page créée avec « En tant que Distributeur Officiel d'Arduino, MC Hobby garanti le matériel Arduino vendu par l'intermédiaire de son Webshop. Vous trouverez ci-dessous le détail des conditi... »
En tant que Distributeur Officiel d'Arduino, MC Hobby garanti le matériel Arduino vendu par l'intermédiaire de son Webshop. Vous trouverez ci-dessous le détail des conditions de garantie relatives aux articles Arduino et Thinker.
== 1. WARRANTIES ==
=== 1.1 LIMITED WARRANTY ===
MC HOBBY (acting as Official Arduino distributor) WARRANTS THAT ITS PRODUCTS WILL CONFORM TO THE SPECIFICATIONS. THIS LIMITED WARRANTY LASTS FOR TWO
(2) YEARS FROM THE DATE OF THE SALE. MC HOBBY (acting as Official Arduino distributor) SHALL NOT BE LIABLE FOR ANY DEFECTS THAT ARE
CAUSED BY NEGLECT, MISUSE OR MISTREATMENT BY THE CUSTOMER, INCLUDING IMPROPER INSTALLATION OR TESTING, OR FOR ANY PRODUCTS
THAT HAVE BEEN ALTERED OR MODIFIED IN ANY WAY BY A CUSTOMER. MOREOVER, MC HOBBY (acting as Official Arduino distributor) SHALL NOT BE LIABLE FOR ANY DEFECTS THAT
RESULT FROM CUSTOMER'S DESIGN, SPECIFICATIONS OR INSTRUCTIONS FOR SUCH PRODUCTS. TESTING AND OTHER QUALITY CONTROL
TECHNIQUES ARE USED TO THE EXTENT MC HOBBY (acting as Official Arduino distributor) DEEMS NECESSARY.
=== 1.2 EXCLUSIVE REMEDY ===
IF ANY MC HOBBY (acting as Official Arduino distributor) PRODUCTS FAIL TO CONFORM TO THE WARRANTY SET FORTH ABOVE, MC HOBBY’ SOLE LIABILITY AND CUSTOMER OR USER’S EXCLUSIVE REMEDY SHALL BE TO HAVE SUCH PRODUCTS REPLACED. MC HOBBY (acting as Official Arduino distributor)’ LIABILITY
SHALL BE LIMITED TO PRODUCTS THAT ARE DETERMINED BY MC HOBBY (acting as Official Arduino distributor) NOT TO CONFORM TO SUCH WARRANTY.
IF MC HOBBY (acting as Official Arduino distributor)
ELECTS TO
REPLACE SUCH PRODUCTS, MC HOBBY (acting as Official Arduino distributor) SHALL HAVE A REASONABLE TIME TO DELIVER REPLACEMENTS. REPLACED PRODUCTS SHALL BE
WARRANTED FOR A NEW LIMITED WARRANTY PERIOD.
TO GET REPLACEMENTS CONTACT MC HOBBY (acting as Official Arduino distributor) DIRECTLY
=== 1.3 DISCLAIMER OF WARRANTIES. ===
EXCEPT FOR THE ABOVE LIMITED WARRANTY, MC HOBBY (acting as Official Arduino distributor) AND/OR ITS RESPECTIVE
MANUFACTURERS AND DISTRIBUTORS TO THE MAXIMUM EXTENT PERMITTED BY LAW MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON ITS WEB SITE FOR ANY PURPOSE. EXCEPT FOR THE ABOVE LIMITED WARRANTY, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED
CONTRACTUAL, OR STATUTORY.
"AS IS" "WITH ALL FAULTS," AND
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS,
EXCEPT FOR THE ABOVE LIMITED WARRANTY, MC HOBBY (acting as Official Arduino distributor) AND/OR ITS RESPECTIVE MANUFACTURERS AND
DISTRIBUTORS HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO
PROPOSAL, SPECIFICATION, SAMPLE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUS, ACCURACY OR
COMPLETENESS OF RESPONSE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION AND LIABILITY FOR INFRINGEMENT OF
ANY PROPRIETARY RIGHTS, RELATING TO USE OF INFORMATION IN ANY DOCUMENTS AND FILES AND SOFTWARE AND NO LICENSE, EXPRESS OR
IMPLIED, BY MC HOBBY (acting as Official Arduino distributor),
ARDUINO
OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN.
MC HOBBY (acting as Official Arduino distributor) ASSUMES NO
RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES THAT MAY APPEAR IN ANY DOCUMENTATION OR FILES OR ANY SOFTWARE
THAT MAY BE PROVIDED. THE INFORMATION IN ANY DOCUMENTS OR FILES IS FURNISHED FOR INFORMATIONAL USE ONLY, IS SUBJECT TO
CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY MC HOBBY (acting as Official Arduino distributor),
ARDUINO
AND MANUFACTURERS AND
DISTRIBUTORS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER ANY WARRANTY, WHETHER EXPRESS, CONTRACTUAL, OR STATUTORY, IMPOSED
BY APPLICABLE LAW SHALL BE LIMITED TO TWO
(2) YEARS FROM THE DATE OF SALE.
=== 1.4 LIMITED SUPPORT SERVICES. ===
CUSTOMER AGREES THAT PRIOR TO USING ANY SYSTEMS THAT INCLUDE MC HOBBY (acting as Official Arduino distributor)
PRODUCTS, CUSTOMER WILL TEST SUCH SYSTEMS AND THE FUNCTIONALITY OF THE PRODUCTS AS USED IN SUCH SYSTEMS. MC HOBBY (acting as Official Arduino distributor) MAY
PROVIDE LIMITED TECHNICAL, APPLICATIONS OR DESIGN ADVICE, QUALITY CHARACTERIZATION, RELIABILITY DATA OR OTHER SERVICES.
CUSTOMER ACKNOWLEDGES AND AGREES THAT PROVIDING THESE LIMITED SERVICES SHALL NOT EXPAND OR OTHERWISE ALTER MC HOBBY (acting as Official Arduino distributor)’
LIMITED WARRANTIES, AS SET FORTH ABOVE, AND NO ADDITIONAL OBLIGATIONS OR LIABILITIES SHALL ARISE FROM MC HOBBY (acting as Official Arduino distributor) PROVIDING SUCH
SERVICES.
=== 1.5 UNAUTHORIZED USE. ===
- MC HOBBY (acting as Official Arduino distributor)
PRODUCTS ARE NOT AUTHORIZED FOR USE IN SAFETY-CRITICAL APPLICATIONS
WHERE A FAILURE OF THE MC HOBBY (acting as Official Arduino distributor) PRODUCT WOULD REASONABLY BE EXPECTED TO CAUSE SEVERE PERSONAL INJURY OR DEATH. SAFETY-
CRITICAL APPLICATIONS INCLUDE, WITHOUT LIMITATION, LIFE SUPPORT DEVICES AND SYSTEMS, EQUIPMENT OR SYSTEMS FOR THE OPERATION OF
NUCLEAR FACILITIES AND WEAPONS SYSTEMS. MC HOBBY (acting as Official Arduino distributor) PRODUCTS ARE NEITHER DESIGNED NOR INTENDED FOR USE IN MILITARY OR
AEROSPACE APPLICATIONS OR ENVIRONMENTS AND FOR AUTOMOTIVE APPLICATIONS OR ENVIRONMENT. CUSTOMER ACKNOWLEDGES AND AGREES
THAT ANY SUCH USE OF MC HOBBY (acting as Official Arduino distributor) PRODUCTS WHICH IS SOLELY AT THE CUSTOMER'S RISK, AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR
COMPLIANCE WITH ALL LEGAL AND REGULATORY REQUIREMENTS IN CONNECTION WITH SUCH USE.
=== 1.6 COMPLIANCE WITH LAWS. ===
CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR
COMPLIANCE WITH ALL LEGAL, REGULATORY AND SAFETY-RELATED REQUIREMENTS CONCERNING ITS PRODUCTS AND ANY USE OF MC HOBBY (acting as Official Arduino distributor)
PRODUCTS IN CUSTOMER'S APPLICATIONS, NOTWITHSTANDING ANY APPLICATIONS-RELATED INFORMATION OR LIMITED SUPPORT THAT MAY BE
PROVIDED BY MC HOBBY (acting as Official Arduino distributor).
== 2. INDEMNIFICATION ==
THE CUSTOMER ACKNOWLEDGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MC HOBBY (acting as Official Arduino distributor) AND ITS MANUFACTURERS AND
DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD-PARTY LOSSES, DAMAGES, LIABILITIES AND EXPENSES IT INCURS TO THE EXTENT
DIRECTLY CAUSED BY:
(I) AN
ACTUAL BREACH BY A CUSTOMER OF THE REPRESENTATION AND WARRANTIES MADE UNDER THIS TERMS AND
CONDITIONS OR (II) THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE CUSTOMER.
== 3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES ==
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MC HOBBY (acting as Official Arduino distributor) OR ITS MANUFACTURERS AND DISTRIBUTORS BE
LIABLE TO THE CUSTOMER OR ANY THIRD PARTIES FOR ANY SPECIAL, COLLATERAL, INDIRECT, PUNITIVE , INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER
INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE AGREEMENT, REGARDLESS OF WHETHER MC HOBBY (acting as Official Arduino distributor) HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL SURVIVE THE TERMINATION OF THE WARRANTY PERIOD.
== 4. LIMITATION OF LIABILITY AND REMEDIES. ==
NOT WITHSTANDING ANY DAMAGES AND EXPENSES, INCLUDING
ATTORNEY’S FEES, THAT THE USER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY FOR ANY CLAIM OF MC HOBBY (acting as Official Arduino distributor) AND ANY OF ITS
MANUFACTURERS AND DISTRIBUTORS, DIRECTORS, OFFICERS AND EMPLOYEES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THE DELIVERY OF THE PRODUCT, USE OF OR INABILITY TO USE THE PRODUCTS OR THE
LIMITED SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE LIMITED SUPPORT SERVICES, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THE AGREEMENT, SHALL BE LIMITED TO THE EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING
CONSISTING OF REPLACEMENT OF THE PRODUCT OR THE GREATER OF THE AMOUNT ACTUALLY PAID BY THE USER FOR THE PRODUCTS OR U.S.
$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
== 5. CHANGES TO SPECIFICATIONS ==
MC HOBBY (acting as Official Arduino distributor) MAY MAKE CHANGES TO SPECIFICATIONS AND PRODUCT DESCRIPTIONS AT ANY TIME, WITHOUT NOTICE. THE CUSTOMER MUST NOT
RELY ON THE ABSENCE OR CHARACTERISTICS OF ANY FEATURES OR INSTRUCTIONS MARKED
"RESERVED"
OR
"UNDEFINED". MC HOBBY (acting as Official Arduino distributor)
RESERVES THESE FOR FUTURE DEFINITION AND SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR CONFLICTS OR INCOMPATIBILITIES ARISING
FROM FUTURE CHANGES TO THEM. THE PRODUCT INFORMATION ON THE WEB SITE OR MATERIALS IS SUBJECT TO CHANGE WITHOUT NOTICE. DO
NOT FINALIZE A DESIGN WITH THIS INFORMATION.
== 1. WARRANTIES ==
=== 1.1 LIMITED WARRANTY ===
MC HOBBY (acting as Official Arduino distributor) WARRANTS THAT ITS PRODUCTS WILL CONFORM TO THE SPECIFICATIONS. THIS LIMITED WARRANTY LASTS FOR TWO
(2) YEARS FROM THE DATE OF THE SALE. MC HOBBY (acting as Official Arduino distributor) SHALL NOT BE LIABLE FOR ANY DEFECTS THAT ARE
CAUSED BY NEGLECT, MISUSE OR MISTREATMENT BY THE CUSTOMER, INCLUDING IMPROPER INSTALLATION OR TESTING, OR FOR ANY PRODUCTS
THAT HAVE BEEN ALTERED OR MODIFIED IN ANY WAY BY A CUSTOMER. MOREOVER, MC HOBBY (acting as Official Arduino distributor) SHALL NOT BE LIABLE FOR ANY DEFECTS THAT
RESULT FROM CUSTOMER'S DESIGN, SPECIFICATIONS OR INSTRUCTIONS FOR SUCH PRODUCTS. TESTING AND OTHER QUALITY CONTROL
TECHNIQUES ARE USED TO THE EXTENT MC HOBBY (acting as Official Arduino distributor) DEEMS NECESSARY.
=== 1.2 EXCLUSIVE REMEDY ===
IF ANY MC HOBBY (acting as Official Arduino distributor) PRODUCTS FAIL TO CONFORM TO THE WARRANTY SET FORTH ABOVE, MC HOBBY’ SOLE LIABILITY AND CUSTOMER OR USER’S EXCLUSIVE REMEDY SHALL BE TO HAVE SUCH PRODUCTS REPLACED. MC HOBBY (acting as Official Arduino distributor)’ LIABILITY
SHALL BE LIMITED TO PRODUCTS THAT ARE DETERMINED BY MC HOBBY (acting as Official Arduino distributor) NOT TO CONFORM TO SUCH WARRANTY.
IF MC HOBBY (acting as Official Arduino distributor)
ELECTS TO
REPLACE SUCH PRODUCTS, MC HOBBY (acting as Official Arduino distributor) SHALL HAVE A REASONABLE TIME TO DELIVER REPLACEMENTS. REPLACED PRODUCTS SHALL BE
WARRANTED FOR A NEW LIMITED WARRANTY PERIOD.
TO GET REPLACEMENTS CONTACT MC HOBBY (acting as Official Arduino distributor) DIRECTLY
=== 1.3 DISCLAIMER OF WARRANTIES. ===
EXCEPT FOR THE ABOVE LIMITED WARRANTY, MC HOBBY (acting as Official Arduino distributor) AND/OR ITS RESPECTIVE
MANUFACTURERS AND DISTRIBUTORS TO THE MAXIMUM EXTENT PERMITTED BY LAW MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON ITS WEB SITE FOR ANY PURPOSE. EXCEPT FOR THE ABOVE LIMITED WARRANTY, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED
CONTRACTUAL, OR STATUTORY.
"AS IS" "WITH ALL FAULTS," AND
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS,
EXCEPT FOR THE ABOVE LIMITED WARRANTY, MC HOBBY (acting as Official Arduino distributor) AND/OR ITS RESPECTIVE MANUFACTURERS AND
DISTRIBUTORS HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO
PROPOSAL, SPECIFICATION, SAMPLE, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUS, ACCURACY OR
COMPLETENESS OF RESPONSE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION AND LIABILITY FOR INFRINGEMENT OF
ANY PROPRIETARY RIGHTS, RELATING TO USE OF INFORMATION IN ANY DOCUMENTS AND FILES AND SOFTWARE AND NO LICENSE, EXPRESS OR
IMPLIED, BY MC HOBBY (acting as Official Arduino distributor),
ARDUINO
OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED HEREIN.
MC HOBBY (acting as Official Arduino distributor) ASSUMES NO
RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES THAT MAY APPEAR IN ANY DOCUMENTATION OR FILES OR ANY SOFTWARE
THAT MAY BE PROVIDED. THE INFORMATION IN ANY DOCUMENTS OR FILES IS FURNISHED FOR INFORMATIONAL USE ONLY, IS SUBJECT TO
CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY MC HOBBY (acting as Official Arduino distributor),
ARDUINO
AND MANUFACTURERS AND
DISTRIBUTORS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER ANY WARRANTY, WHETHER EXPRESS, CONTRACTUAL, OR STATUTORY, IMPOSED
BY APPLICABLE LAW SHALL BE LIMITED TO TWO
(2) YEARS FROM THE DATE OF SALE.
=== 1.4 LIMITED SUPPORT SERVICES. ===
CUSTOMER AGREES THAT PRIOR TO USING ANY SYSTEMS THAT INCLUDE MC HOBBY (acting as Official Arduino distributor)
PRODUCTS, CUSTOMER WILL TEST SUCH SYSTEMS AND THE FUNCTIONALITY OF THE PRODUCTS AS USED IN SUCH SYSTEMS. MC HOBBY (acting as Official Arduino distributor) MAY
PROVIDE LIMITED TECHNICAL, APPLICATIONS OR DESIGN ADVICE, QUALITY CHARACTERIZATION, RELIABILITY DATA OR OTHER SERVICES.
CUSTOMER ACKNOWLEDGES AND AGREES THAT PROVIDING THESE LIMITED SERVICES SHALL NOT EXPAND OR OTHERWISE ALTER MC HOBBY (acting as Official Arduino distributor)’
LIMITED WARRANTIES, AS SET FORTH ABOVE, AND NO ADDITIONAL OBLIGATIONS OR LIABILITIES SHALL ARISE FROM MC HOBBY (acting as Official Arduino distributor) PROVIDING SUCH
SERVICES.
=== 1.5 UNAUTHORIZED USE. ===
- MC HOBBY (acting as Official Arduino distributor)
PRODUCTS ARE NOT AUTHORIZED FOR USE IN SAFETY-CRITICAL APPLICATIONS
WHERE A FAILURE OF THE MC HOBBY (acting as Official Arduino distributor) PRODUCT WOULD REASONABLY BE EXPECTED TO CAUSE SEVERE PERSONAL INJURY OR DEATH. SAFETY-
CRITICAL APPLICATIONS INCLUDE, WITHOUT LIMITATION, LIFE SUPPORT DEVICES AND SYSTEMS, EQUIPMENT OR SYSTEMS FOR THE OPERATION OF
NUCLEAR FACILITIES AND WEAPONS SYSTEMS. MC HOBBY (acting as Official Arduino distributor) PRODUCTS ARE NEITHER DESIGNED NOR INTENDED FOR USE IN MILITARY OR
AEROSPACE APPLICATIONS OR ENVIRONMENTS AND FOR AUTOMOTIVE APPLICATIONS OR ENVIRONMENT. CUSTOMER ACKNOWLEDGES AND AGREES
THAT ANY SUCH USE OF MC HOBBY (acting as Official Arduino distributor) PRODUCTS WHICH IS SOLELY AT THE CUSTOMER'S RISK, AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR
COMPLIANCE WITH ALL LEGAL AND REGULATORY REQUIREMENTS IN CONNECTION WITH SUCH USE.
=== 1.6 COMPLIANCE WITH LAWS. ===
CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR
COMPLIANCE WITH ALL LEGAL, REGULATORY AND SAFETY-RELATED REQUIREMENTS CONCERNING ITS PRODUCTS AND ANY USE OF MC HOBBY (acting as Official Arduino distributor)
PRODUCTS IN CUSTOMER'S APPLICATIONS, NOTWITHSTANDING ANY APPLICATIONS-RELATED INFORMATION OR LIMITED SUPPORT THAT MAY BE
PROVIDED BY MC HOBBY (acting as Official Arduino distributor).
== 2. INDEMNIFICATION ==
THE CUSTOMER ACKNOWLEDGES AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MC HOBBY (acting as Official Arduino distributor) AND ITS MANUFACTURERS AND
DISTRIBUTORS FROM AND AGAINST ANY AND ALL THIRD-PARTY LOSSES, DAMAGES, LIABILITIES AND EXPENSES IT INCURS TO THE EXTENT
DIRECTLY CAUSED BY:
(I) AN
ACTUAL BREACH BY A CUSTOMER OF THE REPRESENTATION AND WARRANTIES MADE UNDER THIS TERMS AND
CONDITIONS OR (II) THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THE CUSTOMER.
== 3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES ==
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MC HOBBY (acting as Official Arduino distributor) OR ITS MANUFACTURERS AND DISTRIBUTORS BE
LIABLE TO THE CUSTOMER OR ANY THIRD PARTIES FOR ANY SPECIAL, COLLATERAL, INDIRECT, PUNITIVE , INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER
INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THE AGREEMENT, REGARDLESS OF WHETHER MC HOBBY (acting as Official Arduino distributor) HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL SURVIVE THE TERMINATION OF THE WARRANTY PERIOD.
== 4. LIMITATION OF LIABILITY AND REMEDIES. ==
NOT WITHSTANDING ANY DAMAGES AND EXPENSES, INCLUDING
ATTORNEY’S FEES, THAT THE USER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY FOR ANY CLAIM OF MC HOBBY (acting as Official Arduino distributor) AND ANY OF ITS
MANUFACTURERS AND DISTRIBUTORS, DIRECTORS, OFFICERS AND EMPLOYEES, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF
LIABILITY, ARISING OUT OF OR IN ANY WAY RELATED TO THE DELIVERY OF THE PRODUCT, USE OF OR INABILITY TO USE THE PRODUCTS OR THE
LIMITED SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE LIMITED SUPPORT SERVICES, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THE AGREEMENT, SHALL BE LIMITED TO THE EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING
CONSISTING OF REPLACEMENT OF THE PRODUCT OR THE GREATER OF THE AMOUNT ACTUALLY PAID BY THE USER FOR THE PRODUCTS OR U.S.
$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
== 5. CHANGES TO SPECIFICATIONS ==
MC HOBBY (acting as Official Arduino distributor) MAY MAKE CHANGES TO SPECIFICATIONS AND PRODUCT DESCRIPTIONS AT ANY TIME, WITHOUT NOTICE. THE CUSTOMER MUST NOT
RELY ON THE ABSENCE OR CHARACTERISTICS OF ANY FEATURES OR INSTRUCTIONS MARKED
"RESERVED"
OR
"UNDEFINED". MC HOBBY (acting as Official Arduino distributor)
RESERVES THESE FOR FUTURE DEFINITION AND SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR CONFLICTS OR INCOMPATIBILITIES ARISING
FROM FUTURE CHANGES TO THEM. THE PRODUCT INFORMATION ON THE WEB SITE OR MATERIALS IS SUBJECT TO CHANGE WITHOUT NOTICE. DO
NOT FINALIZE A DESIGN WITH THIS INFORMATION.