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The warranty described above shall apply to all repaired or replaced Product for a period of 90 days from the date of
return to you, or the balance of the Warranty Period, whichever is greater.
This limited warranty does not cover and is void with respect to: (a) Products which have been improperly installed,
repaired, maintained, or modified; (b) Products which have been subjected to misuse (including using the Products
with hardware which is electrically or mechanically incompatible with the Products), abuse, accident, physical
damage, abnormal operation, improper handling or storage, neglect, exposure to fire, water, or excessive moisture or
dampness, or extreme changes in climate or temperature; (c) Products which have been opened, repaired, modified,
or altered by anyone other than Vendor or a Vendor-authorized service center; (d) Products which have been
damaged due to fire, flood, acts of God, or other acts which are not Vendor's fault and which the Product is not
specified to tolerate; (e) cosmetic damage; (f) Products which have been operated outside of published maximum
ratings; (g) cost of installation, removal, or reinstallation of the Product; (h) signal reception problems (unless caused
by a defect in material(s) or workmanship); or (i) Products on which warranty stickers or serial numbers have been
removed, altered, or rendered illegible.
This limited warranty is not transferable to any third party including, but not limited to, any subsequent purchaser or
owner of the Products. Any transfer or resale of any of the Products will automatically terminate Vendor's warranty
coverage of such Products.
This limited warranty is only valid in the United States of America, and does not cover customer education,
instruction, installation, setup adjustments, or signal reception problems.
REPAIR OR REPLACEMENT, AS PROVIDED FOR UNDER THIS LIMITED WARRANTY, IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER VENDOR NOR THE ORIGINAL OWNER OF THE PRODUCT MAKE ANY OTHER
REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED OR
STATUTORY, WITH RESPECT TO THE PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. This warranty gives you specific
rights and you may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow
the exclusion of implied warranties and conditions and do not permit the exclusion or limitation of certain damages.
Therefore, the foregoing exclusions may not apply to you.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY YOU.
NEITHER THE ORIGINAL OWNER OF THE PRODUCT NOR THE VENDOR NOR VENDOR'S DISTRIBUTORS,
RESELLERS, SUPPLIERS, AGENTS, OFFICERS, AND DIRECTORS SHALL HAVE ANY LIABILITY TO YOU OR
TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL
OR ECONOMIC LOSS, EVEN IF ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY.
MAXIMUM AGGREGATE LIABILITY OF THE AFOREMENTIONED PERSONS SHALL NOT EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER
OR NOT THE ALLEGED BREACH, DEFAULT, NONPERFORMANCE, OR FAILURE IS A BREACH OF
FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
In the event that the Product supplied by Vendor is found to infringe any third-party US or Canadian patent, trade
secret, copyright, trademark, or other proprietary right and/or the use of the Product is enjoined, Vendor will, at its
sole option, either (a) procure for you the right to use such Product; (b) modify such Product so that it becomes non-
infringing while giving equivalent functionality and performance; or (c) if neither of the foregoing options is reasonably
available, refund to you all amounts paid for the infringing Products, depreciated on a straight line basis over a three-
year period. Vendor will have no liability or obligation to you to the extent the infringement is caused by, or based
upon: (a) use of the Product in an application or environment, or on a platform, or with devices for which the Product
was not designed or contemplated; (b) modifications, alterations, combinations, or enhancements of the Product not
created by Vendor; (c) any third-party defined feature that Vendor incorporates into the Product at the request of
such third party; or (e) your failure to install any corrections or enhancements made available by Vendor that
maintain equivalent or better functionality and performance, to the extent that such correction or enhancement would
have avoided the infringement claim. Vendor's obligations do not apply to any alleged infringement occurring after
you have received written notice of the alleged infringement. THE FOREGOING IS IN LIEU OF ANY
REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF NON-INFRINGEMENT, WHICH ARE HEREBY
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AirCard 595U USB Modem User Manual
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