Cisco D9040 User And Service Manual page 21

Warranty and Disclaimer,
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. PURCHASER'S SOLE REMEDY FOR ANY BREACH OF
WARRANTY FOR HARDWARE ITEMS MANUFACTURED BY OR FOR US AND
SOFTWARE ITEMS LICENSED BY US IS THE REPAIR OR REPLACEMENT, AT
OUR OPTION, OF THE FAILED ITEM. PURCHASER'S SOLE REMEDY FOR ANY
BREACH OF WARRANTY FOR A THIRD-PARTY PRODUCT IS THE
MANUFACTURER'S WARRANTY FOR SUCH PRODUCT. WE SPECIFICALLY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO
CUSTOMERS OF PURCHASER, AND ANY AND ALL WARRANTIES WITH
RESPECT TO THIRD-PARTY PRODUCTS. WE MAKE NO WARRANTY THAT
THE OPERATION OF ANY SOFTWARE ITEM WILL BE UNINTERRUPTED OR
ERROR FREE. IN ADDITION, DUE TO THE CONTINUAL DEVELOPMENT OF
NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS,
WE DO NOT WARRANT THAT ANY SOFTWARE ITEM OR ANY HARDWARE
ITEM ON WHICH THE SOFTWARE ITEM IS USED WILL BE FREE FROM
VULNERABILITY TO INTRUSION OR ATTACK.
EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSED BY ITEMS OR
SERVICES FURNISHED HEREUNDER, WE SHALL NOT BE LIABLE TO
PURCHASER OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR
LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS
TRANSACTION OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR
RELATING TO THE SALE, LICENSE OR USE OF ANY ITEMS FURNISHED,
WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY,
CONTRACT, TORT OR OTHER LEGAL THEORY AND REGARDLESS OF THE
CAUSES OF SUCH LOSS OR DAMAGES, WHETHER WE WERE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES, OR WHETHER ANY OTHER REMEDY
PROVIDED HEREIN FAILS. IN NO EVENT SHALL OUR TOTAL LIABILITY
HEREUNDER EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID
FOR ITEMS PURCHASED HEREUNDER. IN NO EVENT SHALL WE BE LIABLE
TO PURCHASER FOR ANY DAMAGES RELATED TO A LICENSED SOFTWARE
ITEM IN EXCESS OF THE LESSER OF TEN THOUSAND UNITED STATES
DOLLARS (US$10,000) OR THE LICENSE FEE PAID BY PURCHASER TO US FOR
THE LICENSED SOFTWARE ITEM.
If the Purchaser returns an Item to us that is not defective under the Warranty or for
which the Warranty Period has expired, we will perform diagnostic tests on the
Item and repair the Item if it is defective. In such instances, we will be entitled to
charge the Purchaser reasonable charges for such diagnostic testing and/or repair
work.
4020024 Rev C
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