Product Warranty Statement
ATTO’s sole obligation in the event of a breach of this warranty shall be to replace or repair the defective Product. ATTO is not responsible for damage to or loss of any data, programs or any media. In no event shall ATTO have any responsibility or bear any liability for the cost of labor for the removal of defective parts or the installation of replacement parts. ATTO is not responsible for the cost of shipment of defective Products returned to ATTO’s facilities or service center designated by ATTO. This warranty is contingent upon the proper use of the Products in the application for which the Products were intended. This limited warranty does not cover Products which have been modified in any manner (whether with or without ATTO’s knowledge) or which have been subjected to abuse, misuse, alteration, neglect, or have been serviced, repaired or installed by unauthorized personnel. The Products are not intended for use in: (i) medical devices or the medical field; (ii) nuclear, or (iii) ruggedized applications. ATTO does not make any warranties whatsoever as to any software. This warranty is intended solely for the benefit of the original buyer. All claims hereunder must be made by the original buyer and may not be made by any other person.
THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY ATTO, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALSO FOR ALL OBLIGATIONS OR LIABILITIES ON THE PART OF ATTO FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR OR PERFORMANCE OF THE PRODUCTS. TO THE EXTENT IMPLIED WARRANTIES CANNOT BE EXCLUDED, SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD APPLICABLE TO THE PRODUCT. IN NO EVENT SHALL ATTO BE LIABLE FOR ANY KIND OF DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTIAL OR CONSEQUENTIAL LOSSES OR DAMAGES, (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OR ALTERATION OF DATA, DELAYS OR LOST PROFITS OR SAVINGS RELATED TO THE PRODUCTS OR OTHERWISE), EVEN IF ATTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGES. THE WARRANTY SET FORTH ABOVE DOES NOT EXTEND TO, AND SHALL NOT APPLY TO, PRODUCTS OR COMPONENTS OF OR TO SYSTEMS NOT MANUFACTURED BY ATTO.