Warranty and disclaimer, Continued – Scientific Atlanta Power Supply Unit User Manual

Page 12

Advertising
background image

Warranty and Disclaimer,

Continued

Customer acknowledges its responsibility to use all reasonable methods to prove out

and thoroughly test the operation of and output from Licensed Software prior to its

use in Customer's operations.
Unless otherwise provided in a separate writing, and subject only to the warranty of

this Section, S-A is under no obligation to provide Customer with any modifications,

updates, additions, or revisions to licensed software, or to maintain licensed

software in any manner.
In the event that any modifications that have not been authorized by S-A are made to

licensed software, any and all warranty and other obligations of S-A shall

immediately cease with respect to such software.

Claims Under This Warranty

In case of a claim under this warranty, Customer should do the following:

1.

Notify S-A by giving the Item model number, serial number, and details of

the difficulty.

2.

On receipt of this information, Customer will be given service data or

shipping instructions.

3.

On receipt of shipping instructions, forward the Item prepaid.

4.

If the Item or fault is not covered by warranty, an estimate of charges will be

furnished before work begins.

Limitation of Liability

EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSED BY ITEMS FURNISHED BY S-A,

S-A SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY

FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEM-

PLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TRANSACTION

IN WHICH THE ITEMS OR SERVICES WERE FURNISHED OR ANY ACTS OR OMISSIONS

ASSOCIATED THEREWITH OR RELATING TO THE SALE, LICENSE, OR USE OF ANY

ITEMS OR SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF

WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY AND REGARDLESS OF

THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY

PROVIDED HEREIN FAILS. IN NO EVENT SHALL S-A’S TOTAL LIABILITY UNDER A

CONTRACT OR PURCHASE ORDER FOR HARDWARE ITEMS OR SERVICES EXCEED

AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID FOR SUCH ITEMS PROVIDED

UNDER THE CONTRACT OR PURCHASE ORDER. IN NO EVENT SHALL S-A BE LIABLE

TO CUSTOMER FOR ANY DAMAGES RELATED TO LICENSED SOFTWARE IN EXCESS

OF THE LESSER OF TEN THOUSAND UNITED STATES DOLLARS (US$10,000) OR THE

LICENSE FEE PAID BY CUSTOMER TO S-A FOR THE LICENSED SOFTWARE.

x

6984278 Rev A

Advertising