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Nextel Connection Manager User Guide
FROM INSTALLATION OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY. UPON CUSTOMER'S ACCEPTANCE OF
DELIVERY OF THE EQUIPMENT, ALL RISK OF LOSS, DAMAGE, THEFT, OR DESTRUCTION TO THE EQUIPMENT SHALL BE
BORNE BY THE CUSTOMER. NO LOSS, DAMAGE, THEFT, OR DESTRUCTION OF THE EQUIPMENT, IN WHOLE OR IN PART,
SHALL IMPAIR CUSTOMER'S OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S
RESPONSIBILITY FOR THE PAYMENT OF SERVICE CHARGES DUE UNDER THE AGREEMENT.
Insurance - Customer may purchase Direct Protect insurance ("Direct Protect") to protect Customer against loss, theft, incidental damage
or accidents involving Customer's Equipment. However, Direct Protect is not available for certain Equipment. Customer acknowledges
that Direct Protect insurance is provided by The Signal Telecommunications Insurance Services ("Signal") and not by Nextel. If Customer
selects Direct Protect coverage, Customer will be assessed a monthly charge, which Nextel will remit to Signal on Customer's behalf. Any
requests for information or claims regarding Direct Protect shall be directed to Signal. Customer acknowledges that a summary of
coverage is available at www.nextel.com, which information is also available by calling Signal at 1-888-352-9182.
Lost or Stolen Equipment - If Customer's Equipment is lost or stolen, Customer agrees to: (1) notify Nextel within two calendar days by
calling Nextel's Customer Care department; (2) provide Nextel with any documentation and information that it requests; and (3) otherwise
cooperate with Nextel in the investigation of such incident.
13.
DISCLAIMER OF WARRANTIES - NEXTEL MAKES NO REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT CONCERNING CUSTOMER'S SERVICE OR THE EQUIPMENT. NEXTEL DOES NOT
AUTHORIZE ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY ON ITS BEHALF, AND CUSTOMER SHOULD NOT RELY
ON ANY SUCH STATEMENT(S). ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY
NEXTEL EMPLOYEES, AGENTS OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS
WARRANTIES BY NEXTEL OF ANY KIND. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR USE OF THE SERVICE AND THE
QUALITY AND PERFORMANCE OF THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT SERVICE MAY NOT BE ERROR-FREE
AND THAT INTERRUPTIONS WILL LIKELY OCCUR FROM TIME TO TIME. NEXTEL DOES NOT MANUFACTURE THE EQUIPMENT
AND ANY STATEMENT REGARDING THE EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY.
SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
14.
LIMITATION OF LIABILITY AND REMEDIES FOR BREACH - Nextel shall not be liable for: (1) any deficiency in the Service,
including, but not limited to, mistakes, omissions, interruptions (including, among others, interruptions caused by Equipment or facilities
failure or shortages), errors, failures to transmit, delays or defects, network problems, lack of coverage or network capacity, dropped calls,
inability to access the Service or inability to place or receive calls or problems of unauthorized access; (2) the unavailability or any failure or
delay in delivery of the Equipment or the cancellation of any orders of Equipment by the manufacturer; (3) any suspension or termination of
Service by Nextel or any other action taken by Nextel in its sole discretion intended to protect the Nextel wireless network, systems, and
the rights or property of Nextel, its Customers, or others from "hacking," "spamming," "viruses" or other potential harms that Nextel believes
may adversely impact its network or systems; (4) the availability or use of Wireless Data Services, including but not limited to, the
compatibility or use of Online Applications or Content, whether or not supported by Nextel, or any contact with third parties through the use
of Wireless Data Services; (5) any damage or personal injury allegedly caused by use of the Equipment or Service; (6) any other damage
due directly or indirectly to causes beyond Nextel's control, including, but not limited to, any act or omission of any carrier or service
provider other than Nextel; or (7) acts of God, acts of public enemies, acts of the government, acts or failure to act of Customer, its agents,
employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive substances in the air or other hazardous
environmental conditions, strikes, freight embargoes, inability to obtain materials or services, commotion, war, terrorism, unusually severe
weather conditions or default of Nextel's subcontractors.
WITHOUT LIMITING THE FOREGOING, NEXTEL'S SOLE LIABILITY FOR SERVICE DISRUPTION, WHETHER CAUSED BY THE
NEGLIGENCE OF NEXTEL OR OTHERWISE, IS LIMITED TO A CREDIT ALLOWANCE OF NOT MORE THAN THE PROPORTIONATE
CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DISRUPTION. EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT SHALL NEXTEL BE LIABLE FOR ACTUAL DAMAGES OR FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR ECONOMIC
LOSS, PERSONAL INJURIES OR PROPERTY DAMAGE SUSTAINED BY CUSTOMER OR ANY THIRD PARTIES. IF CUSTOMER IS
PROVIDED WITH A CREDIT ALLOWANCE UNDER THIS SECTION, NEXTEL SHALL BE SUBROGATED TO ANY AND ALL RIGHTS
THAT CUSTOMER MAY HAVE AGAINST ANY THIRD PARTY AS A RESULT OF CUSTOMER'S LOSS OR EXPENSE, INCLUDING BUT
NOT LIMITED TO, ANY RIGHT CUSTOMER MAY HAVE UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS SECTION
14 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS MAY NOT RECOGNIZE OR GIVE EFFECT, IN WHOLE OR IN PART,
TO WARRANTY DISCLAIMERS AND/OR LIMITATIONS OF REMEDIES FOR BREACH; AND THEREFORE, TO THE EXTENT THAT
THE DISCLAIMER SET FORTH IN SECTION 13 AND THE LIMITATION OF REMEDIES IN SECTION 14 ARE NOT PERMITTED BY
APPLICABLE LAW, THEY WILL NOT APPLY TO CUSTOMER OR SHALL ONLY APPLY TO THE EXTENT PERMITTED BY SUCH
APPLICABLE LAW.
78
THIS SECTION
Last updated: 5/26/05
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