agreement between CNI and the end user, and supersedes all prior and contemporaneous representation, agreements or understandings, oral or written. This Software License and Limited Warranty may not be changed or amended except by a written instrument executed by a duly authorized officer of CNI. CNI neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement. The limited warranty period for CNI supplied attachments and accessories is specifically defined within their own warranty cards and packaging.
2.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CNI BE LIABLE, WHETHER UNDER CONTRACT, WARRANTY, TORT OR ANY OTHER THEORY OF LAW FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OR IMPAIRMENT OF DATA OR BUSINESS INFORMATION, EVEN IF CNI HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CNI'S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNT PAID FOR THE HARDWARE/SOFTWARE.
3.General. This Software License and Limited Warranty will be covered by and construed in accordance with the laws of the State of California, United States (excluding conflicts of laws rules), and shall inure to the benefit of CNI and its successor, assignees and legal representatives. If any provision of this Software License and Limited Warranty is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Software License and Limited Warranty will remain in full force and effect. Any notices or other communications to be sent to CNI must be mailed by certified mail to the following address:
Coaxial Networks, Inc.
4800 Great America Parkway
Suite 300
Santa Clara, CA 95054
U.S.A.
Attn: Customer Service.
Coaxial Networks, Inc. | Page 10 of 60 |
