NCT Group i30sx - Manual (Page 157)

149
Nextel Terms and Conditions of Service
beyond the control of Company, including, but not limited to acts of God, acts of the
public enemy, acts of the government, acts or failure to act of the Customer, its agents,
employees or subcontractors, fires, floods, epidemics, quarantine restrictions, corrosive
substances in the air or other hazardous environmental conditions, strikes, freight
embargoes, inability to obtain materials or services, commotion, war, unusually severe
weather conditions or default of Company’s subcontractors whether or not due to any such
causes; or (iv) the use of Nextel Online services, including but not limited to the accuracy
or utility of any information acquired from the Internet through Nextel Online services; or
Internet Services, Content or Applications whether or not supported by Company.
Without limiting the foregoing, the Company’s sole liability for Service disruption,
whether caused by the negligence of the Company or otherwise, is limited to a credit
allowance not exceeding an amount equal to the proportionate charge to the Customer for
the period of Service disruption. EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT IS THE COMPANY LIABLE FOR
ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT
DAMAGES CAUSED BY ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR PROPERTY DAMAGES
SUSTAINED BY THE CUSTOMER OR ANY THIRD PARTIES. Customer agrees to
indemnify, defend, and hold Company harmless from any Customer violations of FCC
rules and regulations or Customer violation of any statutes, ordinances or laws of any
local, state, or federal public authority.
15. COMPLETE AGREEMENT/SEVERABILITY/WAIVER—This Agreement sets
forth all of the agreements between the parties concerning the Service and purchase of the
Equipment, and there are no oral or written agreements between them other than as set
forth in this Agreement. No amendment or addition to this Agreement shall be binding
upon this Company unless it is in writing and signed by both parties (and, in the case of
the Company, by an officer of the Company). Company shall not be bound by the terms
and conditions in Customer’s purchase order or elsewhere, unless expressly agreed to in
writing by an officer of the Company. This Agreement becomes effective when accepted
by the Company. Should any provision of this Agreement be illegal or in contravention of
the law, such provision shall be considered null and void but the remainder of this
Agreement shall not be affected thereby. The failure of Company at any time to require
the performance by Customer of the provisions of this Agreement shall not affect in any
way the right to require such performances at any later time nor shall the waiver by
Company of a breach of any provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or a continuing waiver of such
provision.
16. ASSIGNMENT/RESALE/GOVERNING LAW—This Agreement may be freely
assigned by Company to any successor of it or any other firm or entity capable of
performing its obligations hereunder, and upon any such assignment, Company shall be
released from all obligations to Customer. Customer may not assign this Agreement, or
resell the services which are subject to this Agreement without prior written consent of
Company. Subject to the restrictions contained herein, this Agreement shall bind and
inure to the benefit of the successors and permitted assigns of the parties hereto. This
Agreement shall be governed by the laws of the State or Commonwealth in which this
Agreement is executed by the Company.
17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS—The Service provided hereunder does not interact with 911 and other
emergency services in the same manner as landline telephone service. Depending on the
circumstances of a particular call, the Service provided hereunder may not be able to