User's Manual

Fortress ES-Series CLI Guide
vii
Limitation of Liability
Circumstances may arise where, because of a default on Fortress’ part or other liability,
Customer is entitled to recover damages from Fortress. In each such instance,
regardless of the basis on which you are entitled to claim damages from Fortress
(including breach, negligence, misrepresentation, or other contract or tort claim), Fortress
is liable for no more than damages for bodily injury (including death) and damage to real
property and tangible personal property, and the amount of any other actual direct
damages, up to either U.S. $25,000 (or equivalent in local currency) or the charges (if
recurring, 12 months’ charges apply) for the Product that is the subject of the claim,
whichever is less. The foregoing is the maximum amount for which Fortress is
responsible.
UNDER NO CIRCUMSTANCES IS FORTRESS LIABLE FOR ANY OF THE FOLLOWING:
1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES,
2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA, OR
3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN
IF FORTRESS OR ITS SOLUTION PROVIDER IS INFORMED OF THEIR
POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER.
Telephone Support
During the warranty period, Fortress will provide a reasonable amount of telephone
consultation to the Customer. This support shall include assistance in connection with the
installation and routine operation of the Product, but does not include network
troubleshooting, security consultation, design and other services outside of the scope of
routine Product operation. Warranty services for the Products shall be available during
Fortress’ normal U.S. (EST) business days and hours.
Extended Warranty Service
If the Customer purchases an extended warranty service agreement with Fortress, service
will be provided in accordance to said agreement’s terms and conditions.
Access and Service
Customer must provide Fortress or Solution Provider with access to the Product to enable
Fortress to provide the service. Access may include access via the Internet, on-site
access or Customer shall be responsible for returning the Product to Fortress. Fortress
will notify the Customer to obtain authorization to perform any repairs.
If, during the warranty period, as established by the date of shipment, the Customer finds
any significant defect in materials and workmanship under normal use and operating
conditions, the Customer shall notify Fortress Customer Service in accordance with the
Fortress Service Policies in effect at that time.
DISCLAIMER OF WARRANTY
THE WARRANTIES HEREIN ARE SOLE AND EXCLUSIVE, AND NO OTHER
WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. TO THE
EXTENT PERMITTED BY LAW, FORTRESS SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
EULA Addendum for Products Containing 4.4 GHz Radio(s)
This product contains one or more radios which operate in the 4.4 GHz - 4.9 GHz
range.
The 4.4 GHz - 4.9 GHz frequency range is regulated by the United States National
Telecommunications and Information Administration (NTIA) and allocated exclusively for
government use.
By accepting this agreement, user acknowledges that proper authorization to operate in
this frequency has been obtained and user accepts full responsibility for any unauthorized