Clear-Com Tempest2400 - Manual (Page 12)

f) Invalidati on of Warranty
i) This Limited Warranty shall be invalidated if the product’s outer case has been opened and internal modifi cati ons
have been made or damage has occurred, or upon the occurrence of other damage or failure not att ributable to
normal wear and tear. Authorized modifi cati ons with Clear-Com’s express writt en permission will not invalidate the
warranty.
g) Soft ware Updates
i) Soft ware Updates are released periodically to correct discovered program bugs. During the Warranty Period,
soft ware updates are available to Customers free of charge.
h) Soft ware Upgrades
i) Soft ware Upgrades include new Features and/or Functi onal 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 Soft ware Update containing a program correcti on and no available workaround to miti gate
the problem, at the discreti on of Service, Sales, Engineering, or Product Management, the Customer may be
provided a Soft ware Upgrade under warranty.
II. Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com’s reasonable control,
including without limitati on acts of God, fi re, fl ooding, earthquake, lightning, failure of electric power or air conditi oning,
neglect, misuse, improper operati on, war, government regulati ons, supply shortages, riots, sabotage, terrorism,
unauthorized modifi cati ons 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; installati on or maintenance of wiring, circuits, electrical
conduits or devices external to the products; replacement or reconditi oning of products which, in Clear-Com’s opinion
cannot be reliably maintained or properly serviced due to excessive wear or deteriorati on; Customer’s failure to maintain
the installati on site in accordance with the environmental specifi cati ons of the products; or service on products removed
from the locati on originally specifi ed by Customer and/or reinstalled without the prior writt en approval of Clear-Com.
Customer will pay Clear-Com’s then current published charges to restore such Covered Products to a conditi on 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.
III. Limitati on 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.
IV. Assignment. Neither party may assign this Agreement or any porti on thereof without the prior writt en consent of the other,
except in the event of a merger, sale of all or substanti ally all of the assets or other corporate reorganizati on.
V. Ownership of replaced parts or product. All replaced parts or products become the property of Clear-Com.
VI. Enti re Agreement. This Agreement consti tutes the enti re agreement between the parti es with respect to the subject matt er
hereof, and supersedes all prior or contemporaneous proposals, oral or writt en, and all other communicati ons between
them relati ng to the subject matt er of this Agreement.
8 Tempest® Parallel Zero Sync Generator