Gimbal™ Proximity BEACON AS-IS, NO WARRANTY

Gimbal™ Proximity BEACON AS-IS, NO WARRANTY

GIMBAL, INC. (“GIMBAL”) PROVIDES THE GIMBAL™ PROXIMITY™ BEACON (INCLUDING ALL SOFTWARE ASSOCIATED THEREWITH) (THE “PRODUCT”) WITHOUT WARRANTY, ON AN AS-IS BASIS. Manufacturers, suppliers, or third parties other than GIMBAL may provide their own warranties, but GIMBAL, to the extent permitted by law, provides this Product “AS IS”. GIMBAL does not warrant that the operation of the Product will be uninterrupted or error-free. GIMBAL is not responsible for damage arising from any failure to follow instructions relating to the Product’s use. Refer to the End User License Agreement (EULA) at https://www.manager.gimbal.com/beacon-eula or other software licensing agreement accompanying the Product for details of your rights and obligations with respect to the use of such software.

DISCLAIMER OF ALL WARRANTIES

TO THE EXTENT PERMITTED BY LAW, GIMBAL EXPRESSLY DISCLAIMS ALL WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, FOR THE PRODUCT, AND ANY RELATED SOFTWARE OR SERVICE. AS PERMITTED BY APPLICABLE LAW, GIMBAL, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF GIMBAL, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE SHORTEST PERMITTED DURATION AND TO REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY GIMBAL IN ITS SOLE DISCRETION. No GIMBAL reseller, agent, partner, affiliate or employee is authorized to make any modification, extension, or addition to this no warranty statement. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

LIMITATION OF LIABILITY

GIMBAL, IT’S MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, ARE NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF THE PRODUCTS, OR RELATED SOFTWARE OR SERVICES, OR UNDER ANY OTHER LEGAL THEORY.

GIMBAL’ CUMULATIVE LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, CONTRIBUTION, OR OTHERWISE, SHALL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED THE PURCHASE PRICE FOR THE PRODUCT. YOU HEREBY RELEASE GIMBAL, IT’S MANUFACTURERS, DISTRIBUTORS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. GIMBAL IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. GIMBAL, ITS MANUFACTURERS, SERVICE PROVIDERS, LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES, DISCLAIM ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS AGREEMENT OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA. ALL CLAIMS BY YOU, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Some states do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply in those states. However, the parties intend for this limitations of liability provision to apply to the maximum extent allowed under applicable law. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision in this agreement.

If your product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the product’s hard drive or other storage media to protect the contents and as a precaution against possible operational failures.

Effective Date: September 24, 2013