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TERMS OF USE AND DISCLAIMER

NOXTAK makes no warranty, representation, or guarantee regarding the information contained herein or the suitability of its products and services for any particular purpose, nor does NOXTAK assume any liability whatsoever arising out of the application or use of any product or circuit. The products sold hereunder and any other products sold by NOXTAK have been subject to limited testing and are still subject to ongoing testing, calibration, and ongoing studies regarding the long-terms effects and/or applications pertaining to the same. Any performance specifications provided at this time are believed to be reliable, as of the date of this notice, but are not verified and NOXTAK makes no representations regarding the same, and User must conduct and complete all performance and other testing of the products, alone and together with, or installed in, any end-products.

Any data and performance specifications provided by NOXTAK in connection with the subject product are simply for informative purposes and User shall not rely upon the aforesaid information furnished by NOXTAK in its use of the product. It is the User’s responsibility to independently determine suitability of any products and to test and verify the same. The information provided by NOXTAK hereunder is provided “as is, where is” and with all faults, and the entire risk associated with such information is entirely with the User. In allowing for the use of the subject product, NOXTAK does not grant, explicitly or implicitly, to any party any patent rights, licenses, or any other IP rights, whether with regard to such information itself or anything described by such information. Information provided in this document is proprietary to NOXTAK, and NOXTAK reserves the right to make any changes to the information in this document or to any products and services at any time without notice.

NOXTAK is NOT obligated to provide any support in connection with your use of the subject product. If you wish, you may contact NOXTAK and report problems and provide suggestions regarding the subject product. Be advised that NOXTAK has no obligation whatsoever to respond in any way to such a problem report or suggestion. NOXTAK may make changes to the Sample at any time, without any obligation to notify or provide updated versions of the Sample to you. Any and all contacts received from users regarding the subject product are subject to NOXTAK’s retention policies and may be kept on file indefinitely.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOXTAK EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT, OR ANY SYSTEMS YOU DESIGN USING THE PRODUCT (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY NOXTAK THAT THE PRODUCT OR ANY SYSTEM DEVELOPED WITH OR INCORPORATING THE PRODUCT WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

PROHIBITED USES/IMPERMISSIBLE USES

The subject product is not intended or authorized for use in the following, non-exhausistive, manner and/or means:

• This product is not part of a personal or corporate savings program.
• This product should only be used as is described in the packaging or on NOXTAK.com
• This product is not meant to treat or cure any illness or disease.
• This product is not part of a treatment against any type of cancer or preexisting illness in the user.
• This product must only be used in accordance with the provided manual and instructions furnished by NOXTAK.
• The subject product is only safe to use in accordance with the Voltage specified by NOXTAK.
• This product is not safe for use near water nor submerged. These products are to be maintained under dry conditions.
• Do not use this product if the label is missing, torn, or the product’s packaging is otherwise compromised.
• Do not store or expose to flames or high temperatures as it may be dangerous for the user.
• Keep this product away from toddlers, infants, or other small children. Any handling of the subject product by minors should be under the direct supervision of an adult.
• Upon request from NOXTAK, you will furnish a written certification that neither you nor your customers use or permit the use of the product for military purposes.

Resale Prohibited

You must not resell product, through brokers, exporters, or otherwise, except as integrated into a product sold by you that contains substantial value added circuitry or software. If you breach the terms of this section, in addition to NOXTAK’s cancellation rights, you agree to fully indemnify NOXTAK, its officers, employees and distributors, from any and all liability related to such resale, including attorneys’ fees and costs.

Limitation of Liability

IN NO EVENT WILL NOXTAK BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

Compliance with All Applicable Laws

You hereby agree to only use the product in accordance with all applicable laws, regulations and statutes. You agree that neither you nor your licensees (if any) intend to or will, directly or indirectly, export or transmit the Product to any country in violation of export restrictions.

Choice of Law; Venue; Limitations

You agree that the statutes and laws of the United States and the State of Florida, USA, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the Sample, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in the Southern District of Florida. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the product must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Sample Labeling, Non-License

Your use of the subject product does not hereby authorize you to use any NOXTAK trademarks, brand names, logos, and/or its intellectual property.

Severability

If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or NOXTAK of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.

Disclaimer of Warranty

NOXTAK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF ITS SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NOXTAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOXTAK WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.