Trademarks and service marks – Verizon 595 User Manual

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AirCard 595 PC Card User Manual

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.

VZAccess

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.

PN 2130683 Version 1.0 Oct2006