Clear-Com HX System Frames - Manual (Page 286)

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.
286 Eclipse EHX Software User Guide