Preface
Limitation of Warranty & Limitation of Remedies
Correction of defects by repair, replacement, or service will be at Carrier Access's option and constitute Carrier Access' sole obligation and BUYER's sole and exclusive remedy under the limited warranty. Any such error correction or replacement provided to BUYER does not extend the original warranty period for hardware or software, respectively.
Carrier Access assumes no warranty or other liability with respect to defects in the Product or Software caused by:
a.modification, repair, storage, installation, operation, or maintenance of the Product or Software by anyone other than Carrier Access or its agent, or as authorized and in accordance with the Carrier Access Documentation; or
b.the negligent, unlawful or other improper use or storage of the Product or Software, including its use with incompatible equipment or software; or
c.fire, explosion, power failures, acts of God, or any other cause beyond Carrier Access' reasonable control; or
d.handling or transportation after title of the Product passes to BUYER.
Other manufacturer's equipment or software purchased by Carrier Access and resold to BUYER will be limited to that manufacturer's warranty. Carrier Access assumes no warranty liability for other manufacturer's equipment or software furnished by BUYER.
BUYER UNDERSTANDS AND AGREES AS FOLLOWS: Except for the limited warranty set forth above, the Product, License Software and all services performed by Carrier Access hereunder are provided "as is," without representations or warranties of any kind. Carrier Access does not warrant that the Product, License Software, any hardware or software, or any update, upgrade, fix or workaround furnished to BUYER will meet BUYER's requirements, that the operation thereof, including any maintenance or major releases thereto will be uninterrupted or
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF CARRIER ACCESS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND/OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY CARRIER ACCESS.
THE REMEDIES CONTAINED IN THIS AGREEMENT WILL BE THE SOLE AND EXCLUSIVE REMEDIES WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND CARRIER ACCESS WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER, WITH THE EXCEPTION OF INJURIES OR DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF CARRIER ACCESS. THIS LIMITATION APPLIES TO ALL SERVICES, SOFTWARE, AND PRODUCTS DURING AND AFTER THE WARRANTY PERIOD. IN NO EVENT WILL CARRIER ACCESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR COMMERCIAL LOSSES EVEN IF CARRIER ACCESS HAS BEEN ADVISED THEREOF.
CMG Router - Release 2.7 | v |
