Alvarion BU-DS.11 User Manual page 4

BreezeNET DS.11 Series User Manual
iv
Disclaimer
(a) UNITS OF PRODUCT (INCLUDING ALL THE SOFTWARE) DELIVERED TO
PURCHASER HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE IN
APPLICATIONS WHERE THE FAILURE, MALFUNCTION OR INACCURACY OF
PRODUCTS CARRIES A RISK OF DEATH OR BODILY INJURY OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). HIGH RISK
ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, USE AS PART OF
ON-LINE CONTROL SYSTEMS IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR OTHER
APPLICATIONS REPRESENTING A SIMILAR DEGREE OF POTENTIAL HAZARD.
ALVARION SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF
FITNESS FOR HIGH RISK ACTIVITIES.
(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.