Limitation of liability – AT&T Partner II User Manual

Page 141

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If you purchased the product directly from AT&T, AT&T will perform warranty
repair in accordance with the terms and conditions of the specific type of AT&T

maintenance coverage you selected. A written explanation of AT&T’s types of
maintenance coverage can be obtained from AT&T by calling 1 800 247-7000
(in the U.S. only). If you purchased the product from an AT&T-authorized
reseller, contact your reseller for the details of the maintenance plan applicable

to the product.

AT&T will not be responsible under this limited warranty for damages resulting
from:

Failure to follow AT&T’s installation, operation, or maintenance
instructions;

Unauthorized equipment modification, movement, or alteration;

Unauthorized use of common carrier communication services accessed

through the system;

Abuse, misuse, or negligent acts or omissions of the customer and
persons under the customer’s control; or

Acts of third parties and acts of God.

AT&T’s obligation to repair, replace, or refund, as set forth above, is your

exclusive remedy.

Except as specifically set forth above, AT&T, its affiliates, suppliers, and dealers

make no warranties, express or implied, and specifically disclaim any warranties
of merchantability or fitness for a particular purpose.

Limitation of Liability

Except for personal injury caused by AT&T's negligence, the liability of AT&T, its
affiliates, suppliers, and authorized resellers for any claims, losses, damages, or
expenses from any cause whatsoever (including acts of omissions of third
parties), regardless of the form of action, whether in contract, tort, or otherwise,
shall not exceed an amount equal to the lesser of the direct damages proven or

the purchase price of the product. In no event shall AT&T or its affiliates,

suppliers, or authorized resellers be liable for incidental, reliance,
consequential, or any other indirect loss or damage (including lost profits or
revenues) incurred in connection with the product. This limitation of liability shall
survive failure of the exclusive remedy set forth in the limited warranty above.

C-10

Maintenance and Customer Support

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