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Clear-Com AB-120 User Manual

Page 29

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Clear-Com Communication Systems

Standard Limited Warranty

i i i

h) Software Upgrades

i) Software Upgrades include new Features and/or Functional Enhancements and are not

included as part of the Standard Warranty but may be purchased at the published rates.

ii) Note: In the absence of a Software Update containing a program correction and no

available workaround to mitigate the problem, at the discretion of Service, Sales,
Engineering, or Product Management, the Customer may be provided a Software Upgrade
under warranty.

2. Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com's

reasonable control, including without limitation acts of God, fire, flooding, earthquake, lightning, failure

of electric power or air conditioning, neglect, misuse, improper operation, war, government

regulations, supply shortages, riots, sabotage, terrorism, unauthorized modifications or repair, strikes,

labor disputes or any product failure that Clear-Com determines is not a result of failure in the

Services provided by Clear-Com. Further Services excluded from this Agreement include: services

required due to errors or omissions in Customer purchase orders; installation or maintenance of

wiring, circuits, electrical conduits or devices external to the products; replacement or reconditioning

of products which, in Clear-Com's opinion cannot be reliably maintained or properly serviced due to

excessive wear or deterioration; Customer's failure to maintain the installation site in accordance with

the environmental specifications of the products; or service on products removed from the location

originally specified by Customer and/or reinstalled without the prior written approval of Clear-Com.

Customer will pay Clear-Com's then current published charges to restore such Covered Products to a

condition eligible for further service under this Agreement. Clear-Com shall be excused from and shall

not be liable for any failure or delay in performance under this Agreement due to the foregoing or any

causes beyond its reasonable control.

3. Limitation of Liability. IN NO EVENT WILL CLEAR-COM BE LIABLE UNDER THIS AGREEMENT

FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING

WITHOUT LIMITATION LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, EVEN IF

ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

4. Assignment. Neither party may assign this Agreement or any portion thereof without the prior written

consent of the other, except in the event of a merger, sale of all or substantially all of the assets or

other corporate reorganization.

5. Ownership of replaced parts or product. All replaced parts or products become the property of

Clear-Com.

6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with

respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, oral or

written, and all other communications between them relating to the subject matter of this Agreement.