EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE , ABR ENTERPRISES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ABR SMART PRODUCTS SOFTWARE, VERSIONS OF SOFTWARE WORKING OR BEING USED ON ANY THIRD PARTY DEVICE, PHONE, TABLET OR OTHER PRODUCT, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND ABR ENTERPRISES SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. FURTHER, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, any Home Owner, Contractor, User, Installer acknowledges that it has not and is not relying upon any implied warranty of merchantability or of fitness for a particular purpose or otherwise, or upon any representation or warranty whatsoever as to the prospects (financial, regulatory or otherwise), validity, or likelihood of success of Licensed Compound or Licensed Product after the Effective Date of Purchase or Installation. Further, ABR Enterprises acknowledges that Home Owner, Contractor, User, Installer makes no, and hereby disclaims any, representation, warranty or guarantee that the development or commercialization of any Licensed Product will be successful or achieved. If a Litigious matter comes about from Using or attempting to use any ABR Smart Product, or Software on any Device, Phone, Tablet, ABR Enterprises shall use an arbitrator of its choosing within the jurisdiction that ABR Enterprises shall choose. The Above Terms and Conditions of this Article are accepted once you, as the Home owner, Installer, Contractor, Distributor purchase any ABR Smart Product, Fixture, Lamp, or Download or install any Version of the app or programs.
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