Clear-Com Tempest900 - Manual (Page 90)

84 Tempest®900 2-Channel Wireless Intercom System
f) Invalidation of Warranty
i) This Limited Warranty shall be invalidated if the product’s outer case has been opened and internal modifications
have been made or damage has occurred, or upon the occurrence of other damage or failure not attributable to
normal wear and tear. Authorized modifications with Clear-Com’s express written permission will not invalidate the
warranty.
g) Software Updates
i) Software Updates are released periodically to correct discovered program bugs. During the Warranty Period,
software updates are available to Customers free of charge.
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.
II. 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.
III. 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.
IV. 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.
V. Ownership of replaced parts or product. All replaced parts or products become the property of Clear-Com.
VI. 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.