FVS LLC designs and manufactures data acquisition, signal generation and control electronics. As these devices interface with the real world, it is possible to damage the FVS device and even the PC or network equipment it is connected to. FVS LLC will not be liable for any such damage.
EXCEPT AS SPECIFIED HEREIN, FVS LLC PROVIDES PRODUCTS AND SERVICE "AS IS" WITHOUT MAKING ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FVS LLC shall not be liable for any special, indirect, incidental or consequential damages or losses, including loss of data, arising from any cause or theory.
FVS LLC does not warrant, guarantee, or make any representations regarding the use of or the results of the use of the products or services in terms of correctness, accuracy, reliability, or otherwise. FVS LLC does not warrant that the operation of the products will be uninterrupted or error free.
FVS LLC products and associated devices are not designed, manufactured, or tested for use in life or safety critical systems, hazardous environments or any other environments requiring fail-safe performance; or any other application in which the failure of the product or service could lead to death, personal injury, severe property damage or environmental harm (collectively, "high risk uses").
Customer using FVS LLC products or services in such applications do so at their own risk.
Customer also acknowledges that it is ultimately responsible for verifying and validating the suitability and reliability of the products or services whenever the products or services are incorporated in Customer's system or application, including the appropriate design, process, and safety level of such system or application. Further, customers must take prudent steps to protect against product and service failures when products and services are incorporated in a system or application, including providing back-up and shut-down mechanisms. Customer shall release FVS LLC from any and all claims, losses, damages, actions including lawsuits, arbitrations, and/or administrative actions, and expenses (including reasonable attorneys' fees) arising out of Customer's incorporation of the products or services into Customer's system or application, regardless of whether such claims are founded in whole or in part upon alleged negligence of FVS LLC.
To the extent permitted by applicable law, the total liability of FVS LLC arising out of, or in connection with this agreement or the products or services, shall not exceed the amount of the fees paid by Customer for the specific product or service giving rise to such claim. To the extent the foregoing limitation of liability is unenforceable, or fails of its essential purpose, the sole liability of FVS LLC to Customer shall be limited to fifty thousand dollars (50,000 USD).
FVS LLC assumes no liability for applications assistance or customer product design. Customer is responsible for their applications using FVS LLC products.
To minimize the risks associated with customer applications, Customer should provide adequate design and operation safeguards.
Reproduction of products or written or electronic information from FVS LLC is prohibited without permission. Reproduction of any of these with alteration is an unfair and deceptive business practice.