Telrad BreezeCOMPACT System Manual page 3

Legal Rights
Disclaimer
(a) The Software is sold on an "AS IS" basis. Telrad Networks, its affiliates or its licensors MAKE NO
WARRANTIES, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE
SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. TELRAD NETWORKS SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. 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. TELRAD NETWORKS
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 TELRAD
NETWORKS'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.
TELRAD NETWORKS' WARRANTIES HEREIN RUN ONLY TO PURCHASER, AND ARE NOT
EXTENDED TO ANY THIRD PARTIES. TELRAD NETWORKS 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.
Limitation of Liability
(a) TELRAD NETWORKS 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 TELRAD NETWORKS 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).
Radio Frequency Interference Statement
The Base Transceiver Station (BTS) equipment has been tested and found to comply with the limits for a class
A digital device, pursuant to ETSI EN 301 489-1 rules and Part 15 of the FCC Rules. These limits are designed
to provide reasonable protection against harmful interference when the equipment is operated in commercial,
business and industrial environments. This equipment generates, uses, and can radiate radio frequency energy
BreezeCOMPACT System Manual
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