Roche Diagnostics
User Manual · Version 4.5 5
cobas IT 1000 application
Limited warranty and limitation
of liability for software
The software described in this User Manual (the “Software”) is provided “as is”
without warranty of any kind, either express or implied, including, but not limited to
the implied warranties of merchantability or fitness for a particular purpose. ROCHE
SPECIFICALLY DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT
PERMITTED BY LAW. The entire risk as to the quality and performance of the
Software is with Customer should the Software prove to be defective. Customer
assumes the entire costs of all necessary servicing, repair or correction of the
Software. However, Roche warrants that the program media on which the Software is
furnished is and will remain free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date of delivery.If the Software
application program media is found defective, Roche’s sole obligation under this
warranty is to remedy such defect in a manner consistent with Roche’s regular
business practices. In the event that Roche is unable to remedy such defect within a
reasonable amount of time, Roche may terminate the license for the Software granted
in the User Manual by written notice to Customer, in which event Customer shall be
entitled to a refund of the unamortized portion of any applicable license fee actually
paid by Customer to Roche for the Software. In such an event, Customer must return
the defective program media to Customer as a condition to receipt of Customer’s
refund. The foregoing obligations to remedy defects and to refund license fees do not
apply if the Software has been altered by Customer or has not been installed,
operated, repaired or maintained in accordance with any written instructions
provided by Roche. Any service provided by Roche to remedy problems due to
Customer’s errors or system and network inadequacies shall be billed at Roche’s
standard time and material charges.IN NO EVENT WILL ROCHE OR ANY OF
ROCHE’S AFFILIATES (OR THEIR RESPECTIVE OFFICERS, EMPLOYEES,
CONSULTANTS, ATTORNEYS OR AGENTS) BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGE TO COMPUTER SOFTWARE OR
HARDWARE (WHETHER OR NOT PROVIDED BY ROCHE), LOST PROFITS,
LOST DATA OR INFORMATION, LOSS OF USE OF THE SOFTWARE,
BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR
GOODWILL, DOWNTIME COSTS, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES WHICH CUSTOMER MAY INCUR OR EXPERIENCE, DIRECTLY
OR INDIRECTLY, ARISING OUT OF OR RELATING TO THE SOFTWARE,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY,
EVEN IF ROCHE OR ANY OF ITS AFFILIATES HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ROCHE’S TOTAL LIABILITY FOR ALL
DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE
SOFTWARE BY CUSTOMER SHALL BE LIMITED, AT ROCHE’S OPTION, TO
REPLACEMENT OF THE SOFTWARE OR A REFUND BY ROCHE OF ANY
LICENSE FEES RECEIVED FROM CUSTOMER WITH RESPECT TO THE
SOFTWARE.
Disclaimer This manual and the cobas IT 1000 application may contain information and
references to products that may not be available in your country or sold by Roche
Diagnostics. This manual makes no claims regarding the use or performance of those
products. Selected 3
rd
party products are available for use with the cobas IT 1000
application.
The complete list of Roche Diagnostics and 3
rd
party products available for use with
the cobas IT 1000 application in the US can be found at
http://usdiagnostics.roche.com/cobasITdevices.
Other Roche Diagnostics or 3
rd
party products listed within the software or manuals
which are not listed at http://usdiagnostics.roche.com/cobasITdevices are not
available for use with the cobas IT 1000 application in the US.