(a) products, software, or options not supported by ATLAN Space are used;
(b) configurations not supported, provided or approved by ATLAN Space are used;
(c) parts intended for one system are installed in another system of different make or model.
ATLAN Space will have no warranty obligation with respect to the following:
(a) Warranted Product hardware that has no defects in materials or workmanship;
(b) unauthorized change of software or configuration;
(c) cosmetic damage;
(d) normal wear and tear;
(e) expendable or consumable parts;
(f) defects or damage to the Warranted Product arising from or related to:
(1) any modifications, alterations, tampering, repair, or servicing by any party other than ATLAN Space or its authorized representatives;
(2) handling, transit, storage, installation, testing, maintenance, or use not in accordance with the Warranted Product documentation;
(3) abuse, negligence, neglect, accidents, or misuse;
(4) unauthorized integration with third party software or subsequently introduced malware; or software loss or data loss that may occur during repair or replacement;
(5) fire or spillage of food or liquid, external electrical fault, or any acts of God (such as, but not limited to, lightning).
ATLAN SPACE IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY DATA, OR REMOVABLE STORAGE MEDIA
ATLAN SPACE cannot be held responsible for Warranted Product that have not been operated or maintained in accordance with the guidelines set forth in:
(a) User manual
(b) Maintenance manual
(c) Operations manual
(d) Local laws and regulations
ATLAN Space assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this product. ATLAN Space makes no other warranties for the Product, and makes no warranties for service, software, maintenance or support for non-ATLAN Space branded products. Such products, service, software, maintenance or support is provided by ATLAN Space “As Is” and any third-party warranties, products, software, services, maintenance or support are provided by the original manufacturer or supplier, not by ATLAN Space.
Software is subject to their respective, separate software license agreement. A portion of the software contains or consists of open-source software, which you may use under the terms and conditions of the specific license under which the open-source software is distributed. You agree that you will be bound by any and all such license agreements, and that your usage of this product indicates your acceptance of those agreements. Title to software remains with the applicable licensor(s). In no event will ATLAN Space be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the software.
This limited warranty applies only to the original purchases of the Warranted Products directly from ATLAN Space; this warranty will not extend to any person that acquires a Warranted Product on a used basis.
Your exclusive remedy, and ATLAN Space’s sole obligation and liability with respect to any defective product, is limited to the repair or replacement of such product as described in this warranty. ATLAN Space may, at its sole discretion, use new or refurbished parts or units to meet the conditions of the warranty.
IN NO EVENT SHALL ATLAN SPACE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, REVENUE, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR PERFORMANCE OF ANY PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF ATLAN SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATLAN SPACE’S TOTAL AGGREGATE LIABILITY FOR DAMAGES OF ANY NATURE, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO ATLAN SPACE FOR THE PRODUCT UPON WHICH LIABILITY IS BASED.
Arbitration. For any dispute with ATLAN SPACE, you agree to first contact us by Mail at ATLAN SPACE S.A., CFC TOWER, LOT 57, 5EME ETAGE AVENUE MAIN STREET, CASA ANFA, HAY HASSANI, 20230, Morocco and attempt to resolve the dispute with us informally by providing your name, address and contact information and describing the nature of the dispute. In the unlikely event that ATLAN SPACE has not been able to resolve a dispute it has with you within 60 days of your original informal claim (or sooner if, in ATLAN SPACE’s opinion, a dispute is not likely to be resolved within 60 days), we each agree to resolve any claim, dispute, or controversy (excluding any ATLAN SPACE claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from “Centre International de Médiation et d’Arbitrage de Casablanca” (“CIMAC”) located in Casablanca, Morocco. CIMAC may be contacted at www.cimac.ma. The arbitration will be conducted in Casablanca, Morocco, unless you and ATLAN SPACE agree otherwise. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY ATLAN SPACE. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ATLAN SPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Right to Opt Out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS AGREEMENT BY NOTIFYING ATLAN SPACE IN WRITING WITHIN 30 DAYS OF PURCHASE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATLAN SPACE S.A., CFC TOWER, LOT 57, 5EME ETAGE AVENUE MAIN STREET, CASA ANFA, HAY HASSANI, 20230, MOROCCO AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR WARRANTED PRODUCT’S SERIAL AND PART NUMBER, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT.
Severability. If any clause herein is found to be illegal or unenforceable, that clause will be severed from this agreement and the remainder of the agreement will be given full force and effect. As noted above, if a class action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be expressly allowed under the agreement.