Limitation Of Liability - Alvarion BreezeACCESS VL 5.4 System Manual

Important Notice
(b) PURCHASER'S SOLE REMEDY FOR BREACH OF THE EXPRESS
WARRANTIES ABOVE SHALL BE REPLACEMENT OR REFUND OF THE
PURCHASE PRICE AS SPECIFIED ABOVE, AT ALVARION'S OPTION. TO THE
FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES
SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO WARRANTIES, TERMS OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT,
AND ACCURACY OF INFORMATION GENERATED. ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. ALVARION' WARRANTIES HEREIN RUN ONLY TO
PURCHASER, AND ARE NOT EXTENDED TO ANY THIRD PARTIES. ALVARION
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME
FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
(c) ALVARION SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS
TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN
THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY PURCHASER'S OR
ANY THIRD PERSON'S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR
IMPROPER TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY
OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.

Limitation of Liability

(a) ALVARION SHALL NOT BE LIABLE TO THE PURCHASER OR TO ANY
THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION
OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE AND WHETHER BASED ON THIS AGREEMENT OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE LIABILITY FOR DAMAGES HEREUNDER OF ALVARION OR ITS
EMPLOYEES OR AGENTS EXCEED THE PURCHASE PRICE PAID FOR THE
PRODUCT BY PURCHASER, NOR SHALL THE AGGREGATE LIABILITY FOR
DAMAGES TO ALL PARTIES REGARDING ANY PRODUCT EXCEED THE
PURCHASE PRICE PAID FOR THAT PRODUCT BY THAT PARTY (EXCEPT IN
THE CASE OF A BREACH OF A PARTY'S CONFIDENTIALITY OBLIGATIONS).
Electronic Emission Notices
This device complies with Part 15 of the FCC rules. Operation is subject to the
following two conditions:
1.
This device may not cause harmful interference.
2.
This device must accept any interference received, including interference
that may cause undesired operation.
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