Clear-Com Eclipse-Omega - Manual (Page 135)

Clear-Com
Standard Limited Warranty i i i
h) Software Upgrades
i) Software Upgrades include new Features and/or Functional 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 Software Update containing a program correction and no
available workaround to mitigate the problem, at the discretion of Service, Sales,
Engineering, or Product Management, the Customer may be provided a Software Upgrade
under warranty.
2. Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com's
reasonable control, including without limitation acts of God, fire, flooding, earthquake, lightning, failure
of electric power or air conditioning, neglect, misuse, improper operation, war, government
regulations, supply shortages, riots, sabotage, terrorism, unauthorized modifications 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; installation or maintenance of
wiring, circuits, electrical conduits or devices external to the products; replacement or reconditioning
of products which, in Clear-Com's opinion cannot be reliably maintained or properly serviced due to
excessive wear or deterioration; Customer's failure to maintain the installation site in accordance with
the environmental specifications of the products; or service on products removed from the location
originally specified by Customer and/or reinstalled without the prior written approval of Clear-Com.
Customer will pay Clear-Com's then current published charges to restore such Covered Products to a
condition 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.
3. Limitation 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.
4. Assignment. Neither party may assign this Agreement or any portion thereof without the prior written
consent of the other, except in the event of a merger, sale of all or substantially all of the assets or
other corporate reorganization.
5. Ownership of replaced parts or product. All replaced parts or products become the property of
Clear-Com.
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, oral or
written, and all other communications between them relating to the subject matter of this Agreement.