OKLATECH warrants that each product to be delivered hereunder will conform to its specifications
and be free from defects in material or workmanship. OKLATECH MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR
IMPLIED, EXCEPT THAT OF TITLE AND ALL IMPLIED WARRANTIES INCLUDING ANY
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
HEREBY DISCLAIMED. OKLATECH NEITHER ASSUMES RESPONSIBILITY FOR ANY
OMISSIONS OR ERRORS NOR ASSUMES LIABILITY FOR ANY DAMAGES THAT RESULT
FROM THE USE OF ITS PRODUCTS IN ACCORDANCE WITH INFORMATION PROVIDED BY
OKLATECH, EITHER VERBAL OR WRITTEN.
LIMITATION OF LIABILITY
The remedies of the purchaser set forth herein are exclusive and the total liability of OKLATECH with
respect its products whether based on contract, warranty, negligence, indemnification, strict liability or
otherwise, shall not exceed the purchase price of the component upon which liability is based. In no
event shall OKLATECH be liable for consequential, incidental or special damages.
CONDITIONS
Oklatech products are not fault-tolerant and are not designed, manufactured or intended for use or
resale as on-line control equipment in hazardous environments, medical, nuclear, avionics fields and
such requiring fail-sale performance.
Should products be used in any of the above applications or activities, purchaser will indemnify
OKLATECH and hold OKLATECH harmless from any loss, damage, liability, claim, demand, cost, or
suit of any nature whatsoever for property damage, personal injury or death, product liability,
regulatory claim or otherwise arising out of, in connection with or incidental to such application,
activity, or use.
This indemnity shall include, without limitation, costs, expenses and attorneys' fees occasioned by
said loss, damage, liability, claims, demands or suits, as well as the full amount of any judgment
rendered or compromise settlement made, plus interest, if applicable.