not transferable without ADTRAN's express written per- mission. 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 LIMITEDWARRANTY 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 DISCLAIMS ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION), ALL WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO CUSTOMER.

In no event will ADTRAN or its suppliers be liable to Cus- tomer for any incidental, special, punitive, exemplary or con- sequential damages experienced by either Customer or a third party (including, but not limited to, loss of data or infor- mation, loss of profits, or loss of use). ADTRAN 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 exclusion may not apply to Customer.

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