Telrad CPE8100 System Manual page 3

Customer. Telrad will be obligated to support solely the two (2) most recent Software major
releases.
TELRAD NETWORKS 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.
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
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