Terms & Conditions
1.3 DISCLAIMER OF WARRANTIES
Except for the above limited warranty, Futura Group srl 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 "as is" "with all faults," and without warranty of any kind, whether express, contractual, or statutory. Except for the above limited warranty, Futura Group srl 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 Futura Group srl or otherwise, to any intellectual property rights is granted herein. Futura Group srl 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 Futura Group srl 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) year from the date of sale.
1.4 LIMITED SUPPORT SERVICES
Customer agrees that prior to using any systems that include Futura Group srl products, customer will test such systems and the functionality of the products as used in such systems. Futura Group srl 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 Futura Group srl' limited warranties, as set forth above, and no additional obligations or liabilities shall arise from Futura Group srl providing such services.
1.5 UNAUTHORIZED USE
Futura Group srl products are not authorized for use in safety-critical applications where a failure of the Futura Group srl 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. Futura Group srl 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 Futura Group srl 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 Futura Group srl products in customer's applications, notwithstanding any applications-related information or limited support that may be provided by Futura Group srl.
The customer acknowledges and agrees to defend, indemnify and hold harmless Futura Group srl 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:
1- an actual breach by a customer of the representation and warranties made under this terms and conditions or
2- the gross negligence or willful misconduct of the customer.
3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall Futura Group srl 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 Futura Group srl 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 Futura Group srl 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
Futura Group srl 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". Futura Group srl 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.
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