User's Manual

Exalt Communications Inc.
EX-5r Installation & Management
Page viii
5000007
2006-05-17
in its original container and packing or an equivalent; (3) Write the RMA number CLEARLY on
the outside of the shipping box; (4) For services during the Warranty Period, cost of shipment to
Exalt’s authorized service center, taxes, duty, tariffs, risk of loss and insurance charges to Exalt
shall be borne by the Purchaser. Cost of return shipment and insurance charges shall be borne by
Exalt and will be made by Exalt’s choice of carrier and method/schedule of shipment. Purchaser
may expedite return shipments, upon request, at its own expense. PRODUCTS RETURNED
WITHOUT A DULY ISSUED RMA NUMBER WILL BE RETURNED TO PURCHASER AT
PURCHASER’S EXPENSE.
THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED,
IMPLIED OR STATUTORY, REGARDING THE PRODUCT, AND EXALT, ITS
SUPPLIERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL SUCH IMPLIED
AND EXPRESS WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE,
INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS AND MERCHANTABILITY. FURTHER, EXALT DOES NOT WARRANT
RESULTS OF USE OR THAT PURCHASER’S USE OF THE PRODUCT WILL BE
UNINTERRUPTED OR ERROR FREE. NO WARRANTIES ARE MADE BY EXALT’S
SUPPLIERS OR LICENSORS. EXCEPT FOR THE EXPRESS WARRANTY STATED
HEREIN, THE PRODUCT IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, ACCURACY, AND EFFORT IS WITH
PURCHASER.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO
EVENT WILL EXALT, ITS SUPPLIERS OR LICENSORS BE LIABLE TO PURCHASER
OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS,
LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION,
INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT, EVEN IF EXALT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR
DAMAGES ARE FORESEEABLE.
IN NO EVENT SHALL EXALT’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY
EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PAID
BY PURCHASER THAT IS THE SUBJECT OF A CLAIM. ANY CLAIM ARISING OUT OF
OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR
AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN
ADDITION, EXALT DISCLAIMS ALL LIABILITY OF ANY KIND OF EXALT’S
SUPPLIERS.