LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY. MAXIMUM AGGREGATE LIABILITY OF THE AFOREMENTIONED PERSONS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH, DEFAULT, NONPERFORMANCE, OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.

In the event that the Product supplied by Vendor is found to infringe any third-party US or Canadian patent, trade secret, copyright, trademark, or other proprietary right and/or the use of the Product is enjoined, Vendor will, at its sole option, either (a) procure for you the right to use such Product; (b) modify such Product so that it becomes non- infringing while giving equivalent functionality and performance; or (c) if neither of the foregoing options is reasonably available, refund to you all amounts paid for the infringing Products, depreciated on a straight line basis over a three- year period. Vendor will have no liability or obligation to you to the extent the infringement is caused by, or based upon: (a) use of the Product in an application or environment, or on a platform, or with devices for which the Product was not designed or contemplated; (b) modifications, alterations, combinations, or enhancements of the Product not created by Vendor; (c) any third-party defined feature that Vendor incorporates into the Product at the request of such third party; or (e) your failure to install any corrections or enhancements made available by Vendor that maintain equivalent or better functionality and performance, to the extent that such correction or enhancement would have avoided the infringement claim. Vendor’s obligations do not apply to any alleged infringement occurring after you have received written notice of the alleged infringement. THE FOREGOING IS IN LIEU OF ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF NON-INFRINGEMENT, WHICH ARE HEREBY DISCLAIMED, AND SETS FORTH THE ENTIRE LIABILITY OF VENDOR AND THE ORIGINAL OWNER OF THE PRODUCT FOR ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT.

If any provision or term of these terms and conditions is determined to be invalid or unenforceable, the invalidity or unenforceability of that provision or term will not affect the validity or enforceability of the remaining provisions and terms or the validity or enforceability of that provision or term in any other jurisdiction.

Trademarks and Service Marks

Verizon Wireless is a trademark of Verizon Trademark Services LLC, and the other trademarks, logos, and service marks (collectively the "Trademarks") used in this document are the property of Verizon Wireless or their respective owners. Nothing contained in this document should be construed as granting by implication, estoppel, or otherwise, a license or right of use of Verizon Wireless or any other Trademark displayed in this document without the written permission of Verizon Wireless or its respective owner.

VZAccessSM is a service mark of Verizon Wireless.

AirCard® and Heart of the Wireless Machine® are registered trademarks of Sierra Wireless. Sierra Wireless, the Sierra Wireless logo, and the red wave design are trademarks of Sierra Wireless.

Microsoft® and Windows® are registered trademarks of Microsoft® Corporation in the United States and/or other countries.

The names of actual companies and products mentioned in this document may be the trademarks of their respective owners.

Contents of this document, Copyright 2006 Verizon Wireless, all rights reserved.

PN 2130683 Version 1.0 Oct2006

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AirCard 595 PC Card User Manual