Alvarion BREEZEACCESS SW VERSION 5.1 - Manual (Page 14)

Legal Rights
BreezeACCESS VL System Manual
xiv
Bug fixes, temporary patches and/or workarounds may be supplied as Firmware
updates.
Additional hardware, if required, to install or use Firmware updates must be
purchased by the Customer. Alvarion will be obligated to support solely the two
(2) most recent Software major releases.
ALVARION SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING
AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT
DOES NOT EXIST OR WAS CAUSED BY PURCHASER’S OR ANY THIRD
PERSON'S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR IMPROPER
TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE
BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE,
LIGHTNING OR OTHER HAZARD.
Disclaimer
(a) The Product is sold on an "AS IS" basis. Alvarion, its affiliates or its licensors
MAKE NO WARRANTIES, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION.
ALVARION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT WITH RESPECT TO THE SOFTWARE. UNITS OF PRODUCT
(INCLUDING ALL THE SOFTWARE) DELIVERED TO PURCHASER HEREUNDER
ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR
INTENDED FOR USE OR RESALE IN APPLICATIONS WHERE THE FAILURE,
MALFUNCTION OR INACCURACY OF PRODUCTS CARRIES A RISK OF DEATH OR
BODILY INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (“HIGH
RISK ACTIVITIES”). HIGH RISK ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED
TO, USE AS PART OF ON-LINE CONTROL SYSTEMS IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES,
WEAPONS SYSTEMS OR OTHER APPLICATIONS REPRESENTING A SIMILAR
DEGREE OF POTENTIAL HAZARD. ALVARION SPECIFICALLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
(b) PURCHASER’S SOLE REMEDY FOR BREACH OF THE EXPRESS WARRANTIES
ABOVE SHALL BE REPLACEMENT OR REFUND OF THE PURCHASE PRICE AS
SPECIFIED ABOVE, AT ALVARION’S OPTION. TO THE FULLEST EXTENT
ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET FORTH IN THIS
AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION