Walter Surfox 54-T 011 Manual Del Usuario página 29

b.
Walter or any of its suppliers, affiliates, employees, agents or representatives be liable for
any loss, damage, cost or injury (including as a result of corrosion of a metallic surface or
object), arising out of or relating to Customer's misinterpretation or faulty interpretation of
any data generated or displayed by the Product. Customer acknowledges that Walter's
passivation analysis and measurement product marketed as the "SURFOX Smart
Passivation Tester" is intended to be used to test the quality and thickness of a layer of
coating on a metal surface or object at a specific point of reference. The results of a specific
test or point measurement may not be accurate of any other point of the surface or object
and should not be extrapolated to represent the quality or thickness of the coating of the
entire surface or object. Customer acknowledges the possibility that a measurement of
coating thickness or quality at one point of a surface or object may not be indicative of the
quality and thickness of the coating at any other point of the surface or object, much less
the entirety of the surface or object.
c.
and all claims whatsoever, whether in contract, tort (including negligence), or any other legal
theory, exceed the price paid to Walter by Customer for the Product(s) in respect of which a
claim by Customer is made. The above exclusion includes any liability which may arise out
of third party claims against Customer. The foregoing limitations shall apply notwithstanding
any failure of essential purpose of any limited remedy.
d.
TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR
TERMINATION OF THIS AGREEMENT. IF APPLICABLE LAW DOES NOT ALLOW ALL OR
ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE FOREGO-
ING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO YOU TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Technical Advice. Any technical advice furnished by Walter or any of its employees, agents
or representatives with reference to the use of its Products is given without assumption by Walter of any
liability and Walter assumes no obligation or liability for the advice given or results obtained. ANY
TECHNICAL ADVICE FURNISHED BY WALTER SHALL NOT CONSTITUTE A REPRESENTATION,
WARRANTY, GUARANTEE OR ASSURANCE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, ALL
SUCH ADVICE BEING GIVEN AND ACCEPTED AT CUSTOMER'S RISK.
16. Infrastructure. Customer is responsible for obtaining and maintaining its own information
technology infrastructure, including Customer's hardware and software, and, if applicable, Customer's
systems, network infrastructure, communications systems, internet access and any ancillary services,
needed to use the Product. Customer shall be responsible for any changes to any of the foregoing that
could affect the interaction or integration between any of the foregoing and the Product.
17. Backups. If the Product is capable of storing software, data and/or other information, you
should make periodic backup copies of the information contained on the Product to protect the
contents and as a precaution against possible operational failures. During performance of the Product it
is possible that the contents of stored software, data and other information stored on the Product will
be lost, replaced or reformatted. In the event of such an occurrence, Walter shall not be responsible for
any loss of any software, data or other information stored on the Product.
18. Entire Agreement. This Agreement constitutes the entire agreement between you and
Walter with respect to the Products and Services, and this Agreement supersedes all previous
communications, representations, warranties, understandings, and agreements, whether electronic,
oral, or written, between you and Walter relating to the subject matter of this Agreement. With respect
to the subject matter hereof, this Agreement shall take precedence over the "End-User License
Without limiting the foregoing, Customer acknowledges that in no event shall
In no event shall Walter's maximum total aggregate liability to Customer, for any
THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY
SURFOX Smart Passivation Tester
TM
Owner's manual
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