Lucent Technologies MERLIN LEGEND Release 5.0 Maintenance And Troubleshooting Manual page 305

MERLIN LEGEND Communications System Release 5.0
Maintenance and Troubleshooting 555-650-140
Customer Support Information
Limited Warranty and Limitation of Liability
Abuse, misuse, or negligent acts or omissions of the customer and
persons under the customer's control
Acts of third parties and acts of God
LUCENT TECHNOLOGIES' OBLIGATION TO REPAIR, REPLACE, OR REFUND
AS SET FORTH ABOVE IS YOUR EXCLUSIVE REMEDY.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, LUCENT TECHNOLOGIES,
ITS AFFILIATES, SUPPLIERS, AND AUTHORIZED RESELLERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Limitation of Liability
Except as provided below, the liability of Lucent Technologies and its affiliates and
suppliers for any claims, losses, damages, or expenses from any cause
whatsoever (including acts or omissions of third parties), regardless of the form of
action, whether in contract, tort, or otherwise, shall not exceed the lesser of: (1) the
direct damages proven; or (2) the repair cost, replacement cost, license fee, annual
rental charge, or purchase price, as the case may be, of the equipment that gives
rise to the claim. Except as provided below, Lucent Technologies and its affiliates
and suppliers shall not be liable for any incidental, special, reliance, consequential,
or indirect loss or damage incurred in connection with the equipment. As used in
this paragraph, consequential damages include, but are not limited to, the
following: lost profits, lost revenues, and losses arising out of unauthorized use (or
charges for such use) of common carrier telecommunications services or facilities
accessed through or connected to the equipment. For personal injury caused by
Lucent Technologies' negligence, Lucent Technologies' liability shall be limited to
proven damages to person. No action or proceeding against Lucent
Technologies or its affiliates or suppliers may be commenced more than
twenty-four (24) months after the cause of action accrues. THIS PARAGRAPH
SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
Issue 1
June 1997
Page A-29