If you purchased your system directly from Lucent Technologies, Lucent Technologies will perform warranty repair in accordance with the terms and conditions of the specific type of Lucent Technologies maintenance coverage you selected. A written explanation of Lucent Technologies’ types of maintenance coverage may be obtained from Lucent Technologies by calling 1
800
This Lucent Technologies limited warranty covers damage to the system caused by power surges.
Unless otherwise expressly agreed to in a written agreement signed by Lucent Technologies, Lucent Technologies will not be responsible under this limited warranty for damages resulting from:
■Failure to follow Lucent Technologies’ installation, operation, or maintenance instructions;
■Unauthorized system modification, movement, or alteration;
■Unauthorized use of common carrier communication services accessed through the system;
■Abuse, misuse, or negligent acts or omissions of the customer and persons under the customer’s control; or
■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 DEALERS 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 directly 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 twelve (12) months after the cause of action accrues. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
Maintenance