55ENWHAT IS NOT COVERED BY THISLIMITED WARRANTYExcluded from this limited warranty and notwarranted by Olympus in any fashion, eitherexpress, implied, or by statute, are:(a) products and accessories not manufactured byOlympus and/or not bearing the “OLYMPUS”brand label (the warranty coverage for productsand accessories of other manufacturers,which may be distributed by Olympus, is theresponsibility of the manufacturers of suchproducts and accessories in accordance withthe terms and duration of such manufacturers’warranties);(b) any Product which has been disassembled,repaired, tampered with, altered, changed, ormodified by persons other than Olympus’s ownauthorized service personnel unless repairby others is made with the written consent ofOlympus;(c) defects or damage to the Products resultingfrom wear, tear, misuse, abuse, negligence,sand, liquids, impact, improper storage,nonperformance of scheduled operator andmaintenance items, battery leakage, use of non-“OLYMPUS” brand accessories, consumables, orsupplies, or use of the Products in combinationwith non-compatible devices;(d) software programs;(e) supplies and consumables (including but notlimited to lamps, ink, paper, film, prints, negatives,cables and batteries); and/or(f) Products which do not contain a validly placedand recorded Olympus serial number, unless theyare a model on which Olympus does not placeand record serial numbers.EXCEPT FOR THE LIMITED WARRANTYSET FORTH ABOVE, OLYMPUS MAKESNO AND DISCLAIMS ALL OTHERREPRESENTATIONS, GUARANTIES,CONDITIONS, AND WARRANTIESCONCERNING THE PRODUCTS, WHETHERDIRECT OR INDIRECT, EXPRESS ORIMPLIED, OR ARISING UNDER ANY STATUTE,ORDINANCE, COMMERCIAL USAGE OROTHERWISE, INCLUDING BUT NOT LIMITEDTO ANY WARRANTY OR REPRESENTATIONAS TO THE SUITABILITY, DURABILITY,DESIGN, OPERATION, OR CONDITON OFTHE PRODUCTS (OR ANY PART THEREOF)OR THE MERCHANTABILITY OF THEPRODUCTS OR THEIR FITNESS FOR APARTICULAR PURPOSE, OR RELATINGTO THE INFRINGEMENT OF ANY PATENT,COPYRIGHT, OR OTHER PROPRIETARYRIGHT USED OR INCLUDED THEREIN.IF ANY IMPLIED WARRANTIES APPLY ASA MATTER OF LAW, THEY ARE LIMITEDIN DURATION TO THE LENGTH OF THISLIMITED WARRANTY.SOME STATES MAY NOT RECOGNIZEA DISCLAIMER OR LIMITATION OFWARRANTIES AND/OR LIMITATION OFLIABILITY SO THE ABOVE DISCLAIMERS ANDEXCLUSIONS MAY NOT APPLY.THE CUSTOMER MAY ALSO HAVEDIFFERENT AND/OR ADDITIONAL RIGHTSAND REMEDIES THAT VARY FROM STATETO STATE.THE CUSTOMER ACKNOWLEDGES ANDAGREES THAT OLYMPUS SHALL NOTBE RESPONSIBLE FOR ANY DAMAGESTHAT THE CUSTOMER MAY INCUR FROMDELAYED SHIPMENT, PRODUCT FAILURE,PRODUCT DESIGN, SELECTION, ORPRODUCTION, IMAGE OR DATA LOSS ORIMPAIRMENT OR FROM ANY OTHER CAUSE,WHETHER LIABILITY IS ASSERTED INCONTRACT, TORT (INCLUDING NEGLIGENCEAND STRICT PRODUCT LIABILITY) OROTHERWISE. IN NO EVENT SHALL OLYMPUSBE LIABLE FOR ANY INDIRECT, INCIDENTAL,CONSEQUENTIAL OR SPECIAL DAMAGES OFANY KIND (INCLUDING WITHOUT LIMITATIONLOSS OF PROFITS OR LOSS OF USE),WHETHER OR NOT OLYMPUS SHALL BE ORSHOULD BE AWARE OF THE POSSIBILITY OFSUCH POTENTIAL LOSS OR DAMAGE.Representations and warranties made by anyperson, including but not limited to dealers,representatives, salespersons, or agents ofOlympus, which are inconsistent or in conflictwith or in addition to the terms of this limitedwarranty, shall not be binding upon Olympusunless reduced to writing and approved by anexpressly authorized offi cer of Olympus.This limited warranty is the complete andexclusive statement of warranty whichOlympus agrees to provide with respect to theProducts and it shall supersede all prior andcontemporaneous oral or written agreements,understandings, proposals, and communicationspertaining to the subject matter hereof.This limited warranty is exclusively for thebenefit of the original customer and cannot betransferred or assigned.