Polhemus 1C0175 Revised manual pages

9 Important Information

Star★★★★Trak User Guide v001B

9.1 W

Polhemus Incorporated (PI) warr ants that the S ystem shall be free from def ec ts in material and
workmanship for a period of one year from the date ownership of the System passes from PI to
Buyer. PI shall, up on notification within the warranty period , correct such defec ts by repair or
replacement with a l ike servic eable item at PI's option. This warr anty shall be co nsidered void
if the System is operated other than i n accorda nce with t he instruc tions in PI 's User Ma nual or
is damaged by accident or mishandling. Parts or material that are clearly expendable or
subject to norm al wear beyond usef ulness within the warranty period suc h as lamps, fuses,
etc., are not covered by this warranty.

In the event any Syst em or portion thereof is defective, t he Buyer shall, within the warranty
period, notify PI in writing of the nature of the defect, under the direction of PI determine and
remove the defectiv e parts, ship such parts to PI. Upon determination b y PI that the parts or
Systems are defective and covered by the warranty set forth above, PI, at its option shall repair
or replace the same without cost to the Buyer. The Buyer shall pay all charges for
transportation and del iver y costs to PI's fact ory for def ecti ve parts where directe d to be se nt to
PI, and PI shall pay for transportation costs to the Buyer's facility for warranty replacement
parts and Systems . Removed parts covered by claim s under this warrant y shall become the
property of PI.

In the event that allege dly defective par ts are found not to be def ective, or ar e not cov ered by
warranty, Buyer agrees that PI may invoice Buyer for all reasonable expenses incurred in
inspecting, testing, r epairing and ret urning the System and that the Bu yer will pa y such costs
on being invoiced therefor . The Buyer shall bear the risk of loss or damage during transit in
such cases.

ARRANTY

& L

IABILITY

Any repaired or rep laced part of a S ystem shall be warranted f or the remain ing period of the
original warranty or thirty (30) days, whichever is longer. Warranties shall not apply to any
Systems which hav e been: repair ed or altered other than b y PI, ex cept when s o author ized in
writing by PI; used in an unauthorized or improper manner, or without following normal
operating procedures; or improperly maintained and where such activities in PI's sole
judgement, have adversel y affected the System. Neither shall warranties appl y in the case of
damage through accidents or acts of nature such as flood, earthquake, lightning, tornado,
typhoon, power surge or failure, environmental extremes, or other external causes.

9-84 Important Information

Star★★★★Trak User Guide v001B

PI does not warrant and spec ifically disclaim s the warranty of merc hantability of the products
or the warranty of fitness of the products for any partic ular purpose. PI mak es no warranties,
express or implied, except of title and a gains t paten t inf ringem ent, oth er than t hose s pec ific ally
set forth herein.

In no event shall PI be liable un der any circumstanc es for special incident al or consequentia l
damages, including, but not lim ited to loss of profits or r evenue. W ithout lim iting the forego ing,
PI's maximum liabilit y for damages for any cause whats oever, exclusive of claims fo r patent
infringement and regardless of the form of the action (including but not limited to contract
negligence or str ict liab il ity) shall be limited to buyer's actu al dir ec t damages, not to ex c eed t he
price of the goods upon which such liability is based.

9.2 I

Polhemus Incorporated (PI) shall have the right at its own expense, to defend or at its option to
settle, any claim, s uit or proceeding brought against t he Buyer on th e issue of infr ingement of
any United States pate nt by any product, or any part thereof, supplied by PI to Buyer under
this Agreement. PI s hall pay, subject to the l imitations hereinafter set forth in this paragra ph,
any final judgment entered against the Bu yer on such issue in any such suit or proceeding
defended by PI. PI at its sole option shall be rel ieved of the foregoing obligatio ns unless the
Buyer notified PI promptly in writing of any such claim, suit or proceedings, and at PI's
expense, gave PI proper and full inform ation and assista nce to settle a nd/or defend any such
claim, suit or proceeding. If the product, or any part thereof, furnished by PI to the Buyer
becomes, or in the opinion of PI m ay become, the subj ect of any claim , suit or proce eding for
infringement of any United States patent, or in the event of an adjudication that such product or
part infringes any United States p atent, or if the use, lease or s ale of such product or par t is
enjoined, PI ma y, at its option and its expense: (a) procure for the B uyer the right under such
patent to use, lease or sell, as appropria te, such produc ts or part, or (b) r eplace such prod uct
or part, or (c) modif y such product, or p art, or (d) remove s uch product or p art and refund the
aggregate payments a nd transportation costs paid ther efore by the Buyer less a reasonable
sum for use, damage and obsol escence. PI s hall have no liabilit y for an y infringement ar ising
from: (i) the combination of such prod uct or part with a ny other produc t or part whether or not
furnished to Buyer by PI, or (ii) the modification of such product or part unless such
modification was made b y PI, or (iii) the use of such prod uct or part in practicin g any proces s,
or (iv) the furnish ing to the Buyer of any infor mation, data, service or a pplication assistance.
The Buyer shall hold PI harmless against any expense, judgment or loss for infringement of
any United States patents or tradem arks which results from PI's compliance with the Bu yer's
designs, specifications or instructi ons. PI shall not be liab le for an y costs or ex penses i ncurred
without PI's written authorizat ion and in no event s hall PI's total liabilit y to the Buyer under, or
as a result of compliance with, the provisions of this paragraph exceed the aggregate sum paid
to PI by the Buyer f or the allegedly infringing produc t or part, exclusive of any r efund under
option (iv) above. The f or ego in g s tat es the ent ir e lia bi lity of PI, a nd the exclusive remedy of the
Buyer, with respect to any actual or alleged patent infringement by such product or part.

NDEMNITY AGAINST PATENT INFRINGEMENT

9.3 FCC S

This equipment has been tested and found to comply with the limits for a Class A digital
device, pursuant to part 1 5 of the FCC R ules. T hese lim its are des ign ed to pr ov ide reas onabl e
protection against inter ference when th e equipment is operated in a com mercial env ironment.
This equipment generates, uses , and can radiate radio frequency en ergy and, if not installe d

Important Information 9-85

TATEMENT