Specifications

Appendix F: License and Warranty
196 Equalizer Installation and Administration Guide
Limitation of Liability
IF YOUR COYOTE POINT SYSTEMS SOFTWARE OR HARDWARE PRODUCT FAILS TO
WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
REPAIR OR REPLACEMENT (INCLUDING REFUND). COYOTE POINT SYSTEMS'
MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO
THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF
REPAIR OR REPLACEMENT OF ANY SOFTWARE OR HARDWARE COMPONENTS THAT
MALFUNCTION IN CONDITIONS OF NORMAL USE. COYOTE POINT SYSTEMS IS NOT
LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE
PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR DATA, OR
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES.
COYOTE POINT SYSTEMS IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY
OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A
CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY
OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED
BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU
HAVE ADVISED COYOTE POINT SYSTEMS OR AN AUTHORIZED REPRESENTATIVE OF
COYOTE POINT SYSTEMS OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS
LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL
INJURY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED
WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO
HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY
TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY
LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
IN THE EVENT OF INCONSISTENCY BETWEEN ANY TERMS OF THIS DISCLAIMER OF
WARRANTIES AND LIMITED WARRANTY AND ANY TRANSLATION THEREOF INTO
ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION SHALL PREVAIL.
THIS DISCLAIMER OF WARRANTIES AND LIMITED WARRANTY ARE GOVERNED BY
THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT
REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. THE UNITED NATIONS
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL
NOT APPLY TO THESE TERMS IN ANY RESPECT.
THIS DISCLAIMER OF WARRANTIES AND LIMITED WARRANTY ARE SUBJECT TO THE
TERMS OF SALE OF THE COYOTE POINT SYSTEMS' PRODUCT.