Limited Warranty; Limitation Of Liability - Comdial DSU II Manual

The initial hardware and software of all Comdial Corporation ("Comdial") products accompanying this installation manual shall be referred to
collectively herein as the "Product". Non-Comdial products are warranted solely by the manufacturer in accordance with the manufacturer's
warranty, and are sold by Comdial "as is". Comdial warrants, only to its purchaser and its authorized dealers, that, under normal operating
conditions, (a) the Product hardware (except for fuses, lamps and other consumables) and the medium on which the Product software is
contained will be free from defects in material and workmanship, and (b) the Product software will perform substantially in accordance with the
specifications set out in the user guide accompanying the Product which is prepared by Comdial, in each case for the period specifically stated in
the warranty accompanying the Product, measured from the manufacturing date stamped on the Product hardware or software, as the case may
be, provided however, development products, i.e., products which have not yet been approved by Comdial for production, are sold pursuant to
Comdial's field trial agreement and are warranted as set out therein. Comdial's sole obligation under this warranty or under any other legal
obligation with respect to the Product is to repair or replace, at its option, the Product at its Charlottesville, Virginia, headquarters, free of
charge, if the Product is deemed defective by Comdial during the warranty period, with refurbished or new equipment or parts, at Comdial's
option, when the Product is returned to Comdial, freight or postage prepaid, during the warranty period, provided however, if Comdial is not
able, using reasonable efforts, to cure or correct a defect, Comdial's sole obligation shall then be to refund (or cause to be refunded) an equitable
portion of the price Comdial was paid for the Product. This warranty does not apply if, in the sole judgment of Comdial, the Product, or any
part(s) or component(s) thereof, have been improperly installed or installed or used in combination or in assembly with hardware or software not
supplied by Comdial and which are not compatible with the Product or which are of inferior quality, design or performance, or the Product, or
any part(s) or component(s) thereof, have been improperly handled, misused, abused, altered, tampered with, accidentally damaged, or damaged
or malfunction or fail to function as a result of causes beyond Comdial's reasonable control, including acts of God such as fire, flood, water, or
lightning or other incidence of excessive or insufficient voltage or failure to follow instructions. Repair, wiring, or alteration of the Product
other than as specifically authorized by Comdial or its authorized repair agent is prohibited and will void this warranty. This warranty does not
cover costs associated with installation, removal, or reinstallation of the Product. Comdial does not warrant that the Product is compatible with
all telephone or switching systems or that the Product is invulnerable or immune from unauthorized or fraudulent use, or unaccounted for access
to the Product. THIS WARRANTY IS EXCLUSIVE, BEING IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
WITHOUT EXPANDING UPON THE FOREGOING WARRANTY, THE MAXIMUM LIABILITY OF COMDIAL UNDER ANY
WARRANTY, STATUTORY, EXPRESS OR IMPLIED, IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. COMDIAL
SHALL HAVE NO RESPONSIBILITY FOR DAMAGE TO PROPERTY OR ANY OTHER LOSS OR INJURY, INCLUDING
CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, SUCH AS LOSS OF PROFITS OR LOSS OF BUSINESS
INFORMATION, DAMAGES DUE TO BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS, EVEN IF COMDIAL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR PUNITIVE DAMAGES, RESULTING FROM THE PURCHASE,
POSSESSION, INSTALLATION, OPERATION, REPAIR, USE OF OF OR INABILITY TO USE, THE PRODUCT, OR THE
UNAUTHORIZED OR THE FRAUDULENT USE OF, OR UNACCOUNTED FOR ACCESS TO, THE PRODUCT, ALL SUCH CLAIMS
BEING HEREBY EXPRESSLY WAIVED. THE PURCHASER'S EXCLUSIVE WARRANTY AND REMEDY SHALL BE ONLY AS
STATED HEREIN.
This warranty gives you specific legal rights and you may also have other rights which may vary from state to state. Some states do not allow
limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations
may not apply to you. If the Magnuson Moss Act should be held to apply to the sale of the Product by a court of competent jurisdiction, the
implied warranty of fitness for a particular purpose shall extend for one year from the date of manufacture. No Comdial dealer nor any other
person or entity other than Comdial may extend or modify this warranty, and no such modification or extension shall be effective unless it is in
writing.
This manual has been developed by Comdial Corporation (the "Company") and is intended for the use of its customers and service personnel.
The information in this manual is subject to change without notice. While every effort has been made to eliminate errors, the Company
disclaims liability for any difficulties arising for the interpretation of the information contained herein.
The information contained herein does not purport to cover all details or variations in equipment nor to provide for every possible contingency
to be met in connection with installation, operation, or maintenance. Should further information be desired, or should particular problems arise
which are not covered sufficiently for the purchaser's purposes contact, Comdial, Inside Sales Department, P.O. Box 7266, Charlottesville,
Virginia 22906.

Limited Warranty

Limitation Of Liability