Lucent Technologies 117A4 Limitation of Liability, In-Warranty Repairs, Post-Warranty Repairs

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’s negligence, Lucent Technologies’s 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 twenty-four (24) months after the cause of action accrues. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Repair Information

Outside the continental U.S., contact your Lucent Technologies Representative or local Authorized Dealer for warranty and repair information applicable to your system.

In-Warranty Repairs

If you purchased or leased your system directly from Lucent Technologies, Lucent Technologies will repair it free of charge during the one-year warranty period. Simply call for customer support as instructed on the inside front cover of this book.

Business-Day service is standard during the warranty period. Business-Day service is performed during normal business hours. (Around-the-Clock service is not available for phones.)

If you purchased or leased your system through a Lucent Technologies Authorized Dealer, contact your dealer for repairs.

Post-Warranty Repairs

If you purchased the system from Lucent Technologies and you have a post-warranty service contract, Lucent Technologies service is provided under the terms of that contract.

To significantly reduce unexpected repair costs after the warranty period, you can purchase a post-warranty service contract from Lucent Technologies. If you do not have a contract, Lucent Technologies service is provided on a time-and-materials basis by calling for customer support as instructed on the inside front cover of this book. A contract provides to you, within the applicable coverage period and response times, service calls with no charge for parts and labor on covered repairs. To order a post-warranty service contract,

call 1 800 247-7000 (in the continental U.S. only).

If you leased your system from Lucent Technologies, Business-Day service is included in your lease.

If you purchased or leased your system through a Lucent Technologies Authorized Dealer, contact your dealer for repairs.