NCT Group i30sx - Manual (Page 158)

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nextel.com
identify your location to emergency services and you may not always be connected to the
appropriate emergency services provider. CUSTOMER AGREES TO HOLD
COMPANY HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS,
ACTIONS, OR CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD
PARTIES) ARISING OUT OF THE USE OR ATTEMPTED USE OF THE
COMPANY’S SERVICE TO ACCESS 911 OR OTHER EMERGENCY SERVICES.
18. NO WARRANTY (SERVICE)—COMPANY MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE. IN
NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT
THE SAME MAY BE DISCLAIMED BY LAW. CUSTOMER ACKNOWLEDGES
THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, AND
AGREES TO HOLD COMPANY HARMLESS FOR ALL SUCH INTERRUPTIONS.
19. NO WARRANTY (EQUIPMENT)—COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER OF THIS EQUIPMENT. WITHOUT
LIMITING THE FOREGOING, COMPANY SPECIFICALLY MAKES NO EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER HEREBY WAIVES, AS AGAINST
COMPANY, ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS, OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE. IN NO
EVENT SHALL COMPANY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR
INCIDENTAL DAMAGES, WHETHER OR NOT OCCASIONED BY COMPANY
NEGLIGENCE AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY
LOSS OR DAMAGE RESULTING FROM THE INTERRUPTION OR FAILURE IN
THE OPERATION OF ANY EQUIPMENT SOLD OR OTHERWISE PROVIDED
HEREUNDER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE
DESCRIPTION CONTAINED HEREIN. CUSTOMER ASSUMES THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT. UNLESS
OTHERWISE AGREED BY COMPANY, IF THE EQUIPMENT PROVES
DEFECTIVE, THE COSTS OF ALL NECESSARY SERVICING AND REPAIR WILL
BE BORNE BY CUSTOMER.
20.NEXTEL Online “GOLD” SERVICES—Nextel Online “Gold” Services are those
Internet and data Services offered in conjunction with a Service Plan using the suffix
“Gold”; e.g. PacketStream Gold or PowerApps Gold. Company may charge an activation
fee for each IP address for these Services. These services may be used only with mobile
clients for Internet/intranet access and Internet e-mail via a standard HTML browser (e.g.,
Netscape® Navigator or Communicator, Microsoft® Internet Explorer, etc.) or
proprietary client software for Public Online Service Providers (e.g. AOL®,
CompuServe®, ProdigyInternet
 ), and related mail clients. It may also be used with
software for proxy applications (e.g., Citirix®), for dispatch applications, for POP3 email
access, and for other use specifically approved by Nextel. These Internet and data Services
may not be substituted for a private line or frame relay connection, or be used for
streaming data feeds. Company reserves the right to deny service, without notice, to any
Customer whose usage adversely impacts Company’s network, Systems or other
subscribers’ use of Services.”