FSR disclaimer

Opto Engineering® reserves the right to refuse to carry out the feasibility study should the samples provided be deemed harmful or hazardous to the safety and health of Opto Engineering® employees, including, but not limited to, hazardous or toxic materials, materials containing flammable explosives, radioactive materials, asbestos or asbestos-containing materials, polychlorinated biphenyls (PCBs), or any waste, substance, or material that is hazardous, toxic, or harmful as defined (or similarly classified) or regulated under applicable environmental laws and regulations.

The results of the feasibility study refer exclusively to the samples analysed. The purpose of the feasibility study is to provide an example of the results that can be obtained. The images and results are to be considered as demonstrative. The final result may be different under different conditions. Opto Engineering® assumes no responsibility for the results of feasibility studies implied in real application of the customer. Opto Engineering® makes no representation or warranty that the use of the feasibility study results, images or reports will not infringe third-party intellectual property rights. The use of the feasibility study results is the exclusive consideration of the Customer.

Opto Engineering® shall be entitled to dispose of or destroy the samples after 3 months from the date of completion of the feasibility study, unless the Customer expressly requests in writing the return of the samples and provides clear shipping instructions.

The images obtained during the feasibility studies are owned by Opto Engineering®. Opto Engineering® will archive and manage the images and all relative information in accordance with the European Regulation GDPR N.679/2016 (the full policy can be consulted on Opto Engineering official website). Unless otherwise agreed in writing, all images and data generated during the feasibility study may be retained by Opto Engineering® exclusively for internal technical, development, quality and archival purposes, and shall not be externally disclosed or shared with third parties.

The Customer shall keep the results of the feasibility study and any other information and/or images received from Opto Engineering® strictly confidential and not to use them for other than intended use.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE INFORMATION/REPORTS PROVIDED BY OPTO ENGINEERING® TO THE COMPANY IS FURNISHED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OF THIRD PARTY INTELECTUAL PROPERTY RIGHTS, QUALITY, USEFULNESS, COMMERCIAL UTILITY, ADEQUACY, COMPLIANCE WITH ANY LAW, DOMESTIC OR FOREIGN, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR THE VALIDITY OF SUCH INFORMATION/REPORT. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR CLAIMS ARISING FROM FRAUD, WILLFUL MISCONDUCT, OPTO ENGINEERING® SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON, FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY OTHER LIABILITY INCURRED BY OR IMPOSED ON SUCH OTHER PARTY OR ANY OTHER PERSON, INCLUDING ANY SUCH LIABILITY ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (A)THE MANUFACTURE, USE, OFFER FOR SALE, SALE, OR IMPORT OF ANY PRODUCTS OR THE PRACTICE OF THE INTELLECTUAL PROPERTY RELATED; (B)THE USE OF OR ANY ERRORS OR OMISSIONS IN ANY SUCH INTELLECTUAL PROPERTY/INFORMATION/REPORT; OR (C)ANY ADVERTISING/PROMOTIONAL/TEST OR OTHER STUDY ACTIVITIES CONCERNING ANY OF THE FOREGOING.