Actiontec electronic UP102 - Manual (Page 51)

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Actontec VoSKY Call Center User Manual
Actiontec Electronics shall not be responsible for any software,
firmware, information, memory data, or Customer data contained
in, stored on, or integrated with any products returned to Action-
tec Electronics for repair, whether under warranty or not.
WARRANTIES EXCLUSIVE: IF AN ACTIONTEC ELECTRONICS PRODUCT
DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REM-
EDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT,
OR REFUND OF THE PURCHASE PRICE PAID, AT ACTIONTEC ELECTRON-
ICS’ OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGO-
ING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABIL-
ITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL
OF WHICH ARE EXPRESSLY DISCLAIMED. ACTIONTEC ELECTRONICS
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME
FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTAL-
LATION, MAINTENANCE OR USE OF ITS PRODUCTS.
ACTIONTEC ELECTRONICS SHALL NOT BE LIABLE UNDER THIS WARRAN-
TY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED
DEFECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS
CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT,
IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPT TO
OPEN, REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BE-
YOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE,
LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW,
ACTIONTEC ELECTRONICS ALSO EXCLUDES FOR ITSELF AND ITS SUP-
PLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (IN-
CLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVE-
NUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA,
OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH
THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAIL-
URE, OR INTERRUPTION OF ITS PRODUCT, EVEN IF ACTIONTEC ELEC-
TRONICS OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR,
REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT ACTION-
TEC ELECTRONICS’ OPTION. THIS DISCLAIMER OF LIABILITY FOR DAM-
AGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL
FAIL OF ITS ESSENTIAL PURPOSE.