103ENRepair, replacement, or adjustment of defectiveProducts shall be Olympus’s sole obligation and thecustomer’s sole remedy hereunder.The customer is liable and shall pay for shipment ofthe Products to the Olympus Service Center.Olympus shall not be obligated to perform preventivemaintenance, installation, deinstallation, ormaintenance.Olympus reserves the right to (i) use reconditioned,refurbished, and/or serviceable used parts (that meetOlympus’s quality assurance standards) for warrantyor any other repairs and (ii) make any internal orexternal design and/or feature changes on or to itsproducts without any liability to incorporate suchchanges on or to the Products.WHAT IS NOT COVERED BY THIS LIMITEDWARRANTYExcluded from this limited warranty and not warrantedby Olympus in any fashion, either express, 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 WARRANTY SETFORTH ABOVE, OLYMPUS MAKES NO ANDDISCLAIMS ALL OTHER REPRESENTATIONS,GUARANTIES, CONDITIONS, AND WARRANTIESCONCERNING THE PRODUCTS, WHETHERDIRECT OR INDIRECT, EXPRESS OR IMPLIED,OR ARISING UNDER ANY STATUTE, ORDINANCE,COMMERCIAL USAGE OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANYWARRANTY OR REPRESENTATION AS TO THESUITABILITY, DURABILITY, DESIGN, OPERATION,OR CONDITON OF THE PRODUCTS (OR ANYPART THEREOF) OR THE MERCHANTABILITYOF THE PRODUCTS OR THEIR FITNESS FOR APARTICULAR PURPOSE, OR RELATING TO THEINFRINGEMENT OF ANY PATENT, COPYRIGHT,OR OTHER PROPRIETARY RIGHT USED ORINCLUDED THEREIN.IF ANY IMPLIED WARRANTIES APPLY ASA MATTER OF LAW, THEY ARE LIMITED INDURATION TO THE LENGTH OF THIS LIMITEDWARRANTY.SOME STATES MAY NOT RECOGNIZE ADISCLAIMER OR LIMITATION OF WARRANTIESAND/OR LIMITATION OF LIABILITY SO THEABOVE DISCLAIMERS AND EXCLUSIONS MAYNOT APPLY.THE CUSTOMER MAY ALSO HAVE DIFFERENTAND/OR ADDITIONAL RIGHTS AND REMEDIESTHAT VARY FROM STATE TO STATE.THE CUSTOMER ACKNOWLEDGES ANDAGREES THAT OLYMPUS SHALL NOT BERESPONSIBLE FOR ANY DAMAGES THATTHE CUSTOMER MAY INCUR FROM DELAYEDSHIPMENT, PRODUCT FAILURE, PRODUCTDESIGN, SELECTION, OR PRODUCTION, IMAGEOR DATA LOSS OR IMPAIRMENT OR FROMANY OTHER CAUSE, WHETHER LIABILITY ISASSERTED IN CONTRACT, TORT (INCLUDINGNEGLIGENCE AND STRICT PRODUCT LIABILITY)OR OTHERWISE. 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), WHETHEROR NOT OLYMPUS SHALL BE OR SHOULDBE AWARE OF THE POSSIBILITY OF SUCHPOTENTIAL LOSS OR DAMAGE.