Nanometrics Inc. warrants that products manufactured by Nanometrics will be free from material defects in material and workmanship and will operate, underuse and service as advertised, for 1 year from purchase by the end user, substantially in conformance with their specifications. Nanometrics will also pass through the benefit, if any, of the warranty of other manufacturer, produced equipment if the equipment is sold as part of a Nanometrics system (collectively the “Nanometric Warranty”). The Nanometrics Warranty is offered to the original end user and is not assignable or transferable.
Nanometrics will repair or replace, at its sole discretion, without charge to the original end user any Nanometrics product which fails to meet the Nanometrics Warranty.
Notwithstanding the generality of the foregoing, the Nanometrics Warranty does not cover:
(i) any option or accessory not furnished by Nanometrics, or damage caused by such options or accessories.
(ii) damage caused by improper operation, testing, repair, modification, alteration, adjustment, installation, or maintenance by anyone other than Nanometrics and its authorized representatives;
(iii) damage resulting from either accident or neglect;
(iv) cost of labor for removal or reinstallation of the Nanometrics product; or
(v) acts of God including, but not limited to, flooding or lightning strikes.
THIS WARRANTY IS PROVIDED BY NANOMETRICS INC. IN LIEU OF ALL OTHER WARRANTIES, AND REPRESENTATIONS EITHER EXPRESSED OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NANOMETRICS DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH ITS PRODUCTS. NANOMETRICS PRODUCTS ARE NOT FAULT-TOLERANT AND NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS LICENSED PROGRAM FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NANOMETRICS DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE ERROR-FREE. USERS ASSUME THE ENTIRE RISK AS THE RESULTS AND PERFORMANCE OF THE PRODUCTS. NANOMETRICS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF NANOMETRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE.