Other Considerations - Enfora Enabler III-G Integration Manual

Enfora Enabler III-G
Modem Integration Guide
fixes, upgrades or new releases except as may be necessary to correct any covered defect of which
purchaser notifies Enfora in writing during the applicable warranty period. Enfora, from time to time and
in its sole discretion, may make available for download on its website (www.enfora.com) certain software
bug fixes, upgrades or new releases for the product. The purchaser should periodically visit such website
to determine whether any such bug fixes, upgrades or new releases have become available. Download
and use of any such bug fixes, upgrades or new releases is subject to all of the applicable terms and
conditions of Enfora's technical support policy as posted and updated on its website.
Exceptions and Disclaimers
Enfora shall have no obligation under this limited warranty for (a) normal wear and tear, (b) the
cost of procurement of substitute products or (c) any defect that is (i) discovered by purchaser
during the warranty period but purchaser does not notify or request an RMA number from
Enfora, as required above, until after the end of the warranty period, (ii) caused by any accident,
misuse, abuse, improper installation, handling or testing, or unauthorized repair or modification
of the product, (iii) caused by use of any software other than any software supplied by Enfora, or
by use of the product other than in accordance with its documentation or (iv) the result of
electrostatic discharge, electrical surge, fire, flood or similar causes. Unless otherwise provided
in a written agreement between the purchaser and Enfora, the purchaser shall be solely
responsible for the proper configuration, testing and verification of the product prior to
deployment in the field.
ENFORA'S SOLE RESPONSIBILITY AND PURCHASER'S SOLE REMEDY UNDER THIS
LIMITED WARRANTY SHALL BE TO REPAIR OR REPLACE THE PRODUCT HARDWARE,
SOFTWARE OR SOFTWARE MEDIA (OR IF REPAIR OR REPLACEMENT IS NOT
POSSIBLE, OBTAIN A REFUND OF THE PURCHASE PRICE) AS PROVIDED ABOVE.
ENFORA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS
FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ENFORA BE LIABLE FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA, REVENUES
OR PROFITS) RESULTING FROM A BREACH OF THIS WARRANTY OR BASED ON ANY
OTHER LEGAL THEORY, EVEN IF ENFORA HAS BEEN ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF SUCH DAMAGES.
12.3.

Other Considerations

Some jurisdictions may require a longer warranty period than specified above and, accordingly, for
products sold in those jurisdictions the applicable warranty period shall be extended as required under the
laws of those jurisdictions. Furthermore, some jurisdictions may not allow the disclaimer of implied
warranties or the exclusion or limitation of incidental or consequential damages, so the above disclaimer,
limitation or exclusion may not apply to products sold in those jurisdictions. This limited warranty gives
the purchaser specific legal rights and the purchaser may have other legal rights that vary from
jurisdiction to jurisdiction.
In some instances, certain aspects of the product warranty may also be covered in a separate written
agreement between Enfora and the distributor or reseller, if any, from whom purchaser purchased the
product. That agreement may provide, for example, a different product return procedure that may also be
available to purchaser (e.g., the product may be returned to Enfora through that distributor or reseller).
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