Dialogic Diva Installation Manual page 8

Hardware Limited Warranty
Additional Exclusions: Dialogic will have no obligation to make repairs or replacements
to the Product due to causes beyond the control of Dialogic, including, but not limited to,
power or air conditioning failure, acts of God, improper interface with other units, or
malfunction of any equipment or software used with the Dialogic Product(s). If Dialogic
is requested and agrees to make repairs or replacements necessitated by any such
causes, Purchaser will pay for such service or replacement at Dialogic's then prevailing
rates.
No Other Warranties: DIALOGIC DISCLAIMS AND PURCHASER WAIVES ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT
TO ANY DIALOGIC PRODUCT.
No Liability for Damages: IN NO EVENT SHALL DIALOGIC OR ITS SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF ACTIVITIES, LOSS OF
INFORMATION OR OTHER PECUNIARY LOSS AND DIRECT OR INDIRECT,
CONSEQUENTIAL, INCIDENTAL, ECONOMIC OR PUNITIVE DAMAGES) ARISING OUT OF
THE USE OF OR INABILITY TO USE ANY DIALOGIC PRODUCT.
Limitation of Liability: DIALOGIC'S MAXIMUM CUMULATIVE LIABILITY SHALL BE
LIMITED TO THE AMOUNTS ACTUALLY PAID BY PURCHASER TO DIALOGIC FOR THE
SPECIFIC PRODUCT BEING THE OBJECT OF THE CLAIM. PURCHASER RELEASES
DIALOGIC FROM ALL AMOUNTS IN EXCESS OF THE LIMITATION. PURCHASER
ACKNOWLEDGES THAT THIS CONDITION IS ESSENTIAL AND THAT DIALOGIC WOULD
NOT SUPPLY TO PURCHASER IF IT WERE NOT INCLUDED. THIS WARRANTY EXPRESSLY
DOES NOT APPLY TO ANYONE OTHER THAN PURCHASER.
page 8