ADTRAN warrants that for five (5) years from the date of shipment to Customer, all products manufactured by ADTRAN will be free from defects in materials and workmanship. ADT- RAN also warrants that products will conform to the applicable specifications and drawings for such products, as contained in the Product Manual or in ADTRAN's internal specifications and drawings for such products (which may or may not be reflected in the Product Manual). This warranty only applies if Customer gives ADTRAN written notice of defects during the warranty period. Upon such notice, ADTRAN will, at its option, either repair or replace the defective item. If ADTRAN is unable, in a reasonable time, to repair or replace any equipment to a condition as warranted, Customer is entitled to a full refund of the purchase price upon return of the equipment to ADTRAN. This warranty applies only to the original purchaser and is not transferable without ADTRAN's express written permission. This warranty becomes null and void if Customer modifies or alters the equipment in any way, other than as specifically authorized by ADTRAN.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER AND THE EXCLUSIVE LIABILITY OF ADTRAN AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES (EXPRESSED OR IMPLIED). ADTRAN SPECIFICALLY DIS- CLAIMS ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION), ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR- POSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRAN- TIES, SO THIS EXCLUSION MAY NOT APPLY TO CUSTOMER.
In no event will ADTRAN or its suppliers be liable to Customer for any incidental, special, punitive, exemplary or consequential damages experienced by either Customer or a third party (including, but not limited to, loss of data or information, loss of profits, or loss of use). ADT- RAN is not liable for damages for any cause whatsoever (whether based in contract, tort, or otherwise) in excess of the amount paid for the item. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclu- sion may not apply to Customer.