Navini Networks 40-00292-00 manual Navini Networks, Inc, Article, Indemnifications And Warranty

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Navini Networks, Inc.

Ripwave Wireless Broadband Access Card User’s Guide

ARTICLE 4

INDEMNIFICATIONS AND WARRANTY

4.1Intellectual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE, DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC. SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.

4.2Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED.

ARTICLE 5

LIMITATION OF LIABILITY

5.1Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

5.2License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer under this Agreement for the particular licensed Software that caused the damages.

5.3Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the Software error as provided in this License Agreement or the Supply Agreement to which it is attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer from significant loss of valid data.

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060210_pv1.7_Ripwave Wireless Broadband Access Card User’s Guide_40-00292-00d(4.4.2)

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Contents Ripwave Wireless Broadband Access Card User’s Guide Part Number Revision D, Version 1.0, PV1.7 February 10 ProprietaryRipwave Wireless Broadband Access Card User’s Guide Navini Networks, IncTABLE OF CONTENTS Permissions, Trademarks & Distribution Safety When the equipment has been exposed to water or moisture When the equipment has been damaged9. Do not use the equipment under the following conditions Regulatory Information Introduction Card Models Minimum Computing RequirementsHard Drive MonitorPhysical Characteristics The Wireless Broadband Access CardInstalling Your Card StepAction IllustrationRipwave Wireless Broadband Access Card User’s Guide Navini Networks, IncStep ActionRipwave Wireless Broadband Access Card User’s Guide Accessing the Internet Removing Your Card Select Stop Navini Networks PCMCIA Adapter Indicator Light Troubleshooting Installing Navini Diagnostics NavDiagIndicator Light navdiagwindows.exe Ripwave Wireless Broadband Access Card User’s Guide Navini Networks, IncStep ActionRipwave Wireless Broadband Access Card User’s Guide Navini Networks, IncStep ActionRipwave Wireless Broadband Access Card User’s Guide Troubleshooting Using Navini Diagnostics The IconsThe Signal Strength and Signal Quality Bars How to Increase the Strength and Quality of the Signal The History Graphs The ParametersThe Screen Option Buttons The Configuration Screen The Trend Analysis ScreenThe Statistics Screen Uninstalling Navini Diagnostics Software The About Screen The Help ButtonPrograms NavDiag Uninstall UninstallConnecting the Desktop Antenna Optional Desktop AntennaDisconnecting the Desktop Antenna BaseCare and Maintenance Upgrading the Card You Service Provider may provide a downloadable web file or CD-ROM with software that is installed on your PC and used to upgrade the Card software. This method is used only if the Card was not inserted and “on” during the OTA upgrade process. If you must upgrade your software using this method, your Service Provider will give you instructions on what to do. This method takes a minimal amount of time to complete ADDENDUM 1 PC Card - PC Troubleshooting Results of Correct NavDiag InstallationPC Operating Systems Ripwave Wireless Broadband Access Card User’s Guide Navini Networks, IncPage Ripwave Wireless Broadband Access Card User’s Guide Navini Networks, IncPage Ripwave Wireless Broadband Access Card User’s Guide ADDENDUM 2 End User Software License Agreement between Navini Networks, Inc and Buyer ARTICLEARTICLE 2.5 Suitability INDEMNIFICATIONS AND WARRANTY OBJECT CODE ONLY-NO MODIFICATIONS