Instruction Manual

22 Tempest®24 00 MasterBelt

f) Invalida on of Warranty

i) This Limited Warranty shall be invalidated if the product’s outer case has been opened and internal modi ca ons

have been made or damage has occurred, or upon the occurrence of other damage or failure not a ributable to

normal wear and tear. Authorized modi ca ons with Clear-Com’s express wri en permission will not invalidate the

warranty.

g) So ware Updates

i) So ware Updates are released periodically to correct discovered program bugs. During the Warranty Period,

so ware updates are available to Customers free of charge.

h) So ware Upgrades

i) So ware Upgrades include new Features and/or Func 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 So ware Update containing a program correc on and no available workaround to mi gate

the problem, at the discre on of Service, Sales, Engineering, or Product Management, the Customer may be

provided a So 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 limita on acts of God,  re, ﬂ ooding, earthquake, lightning, failure of electric power or air condi oning,

neglect, misuse, improper opera on, war, government regula ons, supply shortages, riots, sabotage, terrorism, unauthorized

modi ca 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; installa on or maintenance of wiring, circuits, electrical conduits or devices external

to the products; replacement or recondi oning of products which, in Clear-Com’s opinion cannot be reliably maintained or

properly serviced due to excessive wear or deteriora on; Customer’s failure to maintain the installa on site in accordance

with the environmental speci ca ons of the products; or service on products removed from the loca on originally speci ed

by Customer and/or reinstalled without the prior wri en approval of Clear-Com. Customer will pay Clear-Com’s then current

published charges to restore such Covered Products to a condi 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. Limita 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.Assignment. Neither party may assign this Agreement or

any por on thereof without the prior wri en consent of the other, except in the event of a merger, sale of all or substan ally

all of the assets or other corporate reorganiza on.

IV. Ownership

of replaced parts or product. All replaced parts or products become the property of Clear-Com.

V. En re Agreement. This Agreement cons tutes the en re agreement between the par es with respect to the subject ma er

hereof, and supersedes all prior or contemporaneous proposals, oral or wri en, and all other communica ons between them

rela ng to the subject ma er of this Agreement.