matterport Pro2 Guide De L'utilisateur page 9

10 Legal
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INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT (ISED) CANADA
This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two
conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including
interference that may cause undesired operation of the device.
Le présent appareil est conforme aux CNR d'Industrie Canada applicables aux appareils radio exempts de licence.
L'exploitation est autorisée aux deux conditions suivantes : (1) l'appareil ne doit pas produire de brouillage, et (2)
l'utilisateur de l'appareil doit accepter tout brouillage radioélectrique subi, même si le brouillage est susceptible d'en
compromettre le fonctionnement.
WARRANTY
Limited Warranty. Matterport warrants the Camera against defects in material and workmanship for a period of
one (1) year from original date of shipment, or such longer period under any extended warranty purchased by You
at Matterport' s then-available extended warranty rate (collectively, the "Warranty Period"). This limited warranty is
for the benefit of the original purchaser only and is not transferable. THIS LIMITED WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WRITTEN, ORAL OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY SHALL
NOT APPLY IF THE CAMERA HAS BEEN REPAIRED OR ALTERED, EXCEPT BY MATTERPORT, OR IF IT HAS BEEN
SUBJECTED TO MISUSE, NEGLIGENCE, OR ACCIDENT. In the event any defect in the material or workmanship
of the Camera arises during the Warranty Period, Matterport' s sole liability shall be (at the option of Matterport)
to repair, provide a refund for, or replace any Camera returned by You during the Warranty Period, provided that
(a) Matterport is notified in writing by You of the claimed defect(s) during the Warranty Period, (b) the Camera is
returned to Matterport in the undamaged original Camera packaging, and (c) Matterport' s examination of the Camera
discloses to its satisfaction that the defect(s) were not caused by misuse, negligence, accident, or unauthorized
repair or alteration by You or on Your behalf. All shipping costs to Matterport from any location in the United States,
or from Matterport to any location in the United States, for any Camera that is repaired or replaced under this limited
warranty, will be at Matterport' s expense; provided, however, that You will bear the expense of shipping any such
Camera to or from any non-U.S. location. MATTERPORT'S ONLY LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY
CLAIM OF A DEFECT IN THE CAMERA, WHETHER ARISING IN TORT OR CONTRACT, IS AS STATED IN THIS SECTION
5. IN NO EVENT SHALL MATTERPORT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE,
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY
DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT. IN
PARTICULAR, MATTERPORT SHALL NOT BE LIABLE FOR (A) LOST PROFITS, (B) LOST DATA, (C) LOSS OF BUSINESS,
GOODWILL OR REPUTATION, OR (D) FOR ANY OTHER SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF MATTERPORT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF MATTERPORT AND ITS AFFILIATES
AND LICENSORS UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT,
CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS YOU PAID
TO MATTERPORT UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR
$500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY. WITHOUT LIMITING ANY OTHER CONDITION SET FORTH IN THIS SECTION, MATTERPORT WILL HAVE
NO WARRANTY OBLIGATION HEREUNDER IF YOU FAIL TO RETURN THE CAMERA IN THE UNDAMAGED ORIGINAL
PACKAGING OR IF YOU HAVE INSTALLED ANY FIRMWARE IN THE CAMERA OTHER THAN THE FIRMWARE
INITIALLY EMBEDDED IN THE CAMERA OR ANY FIRMWARE UPDATE SUBSEQUENTLY PROVIDED BY MATTERPORT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR SOME OR ALL OF THE
FOREGOING LIMITATION OF LIABILITY, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS AND/OR LIMITATION
MAY NOT APPLY TO YOU.
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING
FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY
THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.