Actiontec V1000H User Manual - Page 81

Wireless VDSLS/GigE Modem/Router, WARRANTIES EXCLUSIVE, LIMITATION OF LIABILITY - for sale

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Wireless VDSLS/GigE Modem/Router WARRANTIES EXCLUSIVE: IF AN ACTIONTEC ELECTRONICS' PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT ACTIONTEC ELECTRONICS' OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, 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, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. ACTIONTEC ELECTRONICS SHALL NOT BE LIABLE UNDER THIS WARRANTY 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 BEYOND 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 SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE 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, FAILURE, OR INTERRUPTION OF ITS PRODUCT, EVEN IF ACTIONTEC ELECTRONICS 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 ACTIONTEC ELECTRONICS' OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE. 78

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78
Wireless VDSLS/GigE Modem/Router
78
WARRANTIES EXCLUSIVE
: IF AN ACTIONTEC ELECTRONICS’ PRODUCT DOES
NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR
BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND
OF THE PURCHASE PRICE PAID, AT ACTIONTEC ELECTRONICS’ OPTION. TO
THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING 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 MERCHANTABILITY, 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,
INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
ACTIONTEC ELECTRONICS SHALL NOT BE LIABLE UNDER THIS WARRANTY
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 BEYOND 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 SUPPLIERS
ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE 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, FAILURE, OR INTERRUPTION OF ITS
PRODUCT, EVEN IF ACTIONTEC ELECTRONICS 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 ACTIONTEC ELECTRONICS’ OPTION. THIS DISCLAIMER OF LIABILITY
FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN
SHALL FAIL OF ITS ESSENTIAL PURPOSE.