Alvarion SW VERSION 5.1 system manual Disclaimer

Legal Rights

Bug fixes, temporary patches and/or workarounds may be supplied as Firmware updates.

Additional hardware, if required, to install or use Firmware updates must be purchased by the Customer. Alvarion will be obligated to support solely the two

(2) most recent Software major releases.

ALVARION SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY PURCHASER’S OR ANY THIRD PERSON'S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR IMPROPER TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.

Disclaimer

(a)The Product is sold on an "AS IS" basis. Alvarion, its affiliates or its licensors

MAKE NO WARRANTIES, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. ALVARION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE SOFTWARE. UNITS OF PRODUCT (INCLUDING ALL THE SOFTWARE) DELIVERED TO PURCHASER HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE IN APPLICATIONS WHERE THE FAILURE, MALFUNCTION OR INACCURACY OF PRODUCTS CARRIES A RISK OF DEATH OR BODILY INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH RISK ACTIVITIES”). HIGH RISK ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, USE AS PART OF ON-LINE CONTROL SYSTEMS IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR OTHER APPLICATIONS REPRESENTING A SIMILAR DEGREE OF POTENTIAL HAZARD. ALVARION SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

(b)PURCHASER’S SOLE REMEDY FOR BREACH OF THE EXPRESS WARRANTIES ABOVE SHALL BE REPLACEMENT OR REFUND OF THE PURCHASE PRICE AS SPECIFIED ABOVE, AT ALVARION’S OPTION. TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION

BreezeACCESS VL System Manual

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