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DSD/00001/7194.5
YEAR 2000 COMPLIANCE LIMITED WARRANTY
OF
OLYMPUS AMERICA INC.
DIAGNOSTIC SYSTEMS DIVISION
EXCEPT AS DESCRIBED IN THE YEAR 2000 READINESS DISCLOSURE STATEMENT
TO WHICH THIS LIMITED WARRANTY IS ATTACHED, Olympus America Inc.’s
Diagnostic Systems Division (“OAI-DSD”) warrants that it will deliver either (a) products that
do not process date information or (b) 21st century compliant products that, provided that all
other products used with the OAI-DSD products properly exchange accurate data, (i) will
function and operate in accordance with applicable product specifications and logic in the year
2000, (ii) correctly process date fields and internal date field dependent logic to accurately
process and utilize dates beyond December 31, 1999, (iii) store and represent dates in a manner
which allows for identification or use of the century portion of any date fields without any
special processing, and (iv) correctly process dates for leap years. OAI-DSD’s sole
responsibility and your exclusive remedy for breach of this Limited Warranty shall be the offer of
an update for or the repair or replacement of such products. Notwithstanding the foregoing,
certain products listed on the Year 2000 Readiness Disclosure Statement (to which this Limited
Warranty is attached) may require corrective action to ensure full year 2000 compliance.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, OAI-DSD MAKES NO
AND DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR CONCERNING ANY PATENTS OR TECHNOLOGY. OAI-DSD DOES NOT
WARRANT THAT SOFTWARE WILL BE ERROR-FREE AND/OR UNINTERRUPTED.
MOREOVER, OAI-DSD DOES NOT WARRANT THE YEAR 2000 COMPLIANCE OF
PRODUCTS MANUFACTURED BY THIRD PARTIES OR PRODUCTS NOT SHIPPED
FROM OAI-DSD INVENTORY. OAI-DSD DISCLAIMS RESPONSIBILITY AND
LIABILITY FOR ENSURING THE YEAR 2000 COMPLIANCE OF INTEGRATED
SYSTEMS COMPRISED OF OLYMPUS AND NON-OLYMPUS PRODUCTS. ALL
GUARANTIES, WARRANTIES, CONDITIONS, AND REPRESENTATIONS
WHATSOEVER, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY
STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, ARE HEREBY EXPRESS
EXCLUDED. IN NO EVENT SHALL OAI-DSD BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF USE),
WHETHER OR NOT OAI-DSD SHALL BE OR SHOULD BE AWARE OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
Representations and warranties made by any person, including dealers and representatives of
OAI-DSD, which are inconsistent with, in conflict with, or in addition to, the terms of this