Clear-Com Tempest2400, Reference Manual

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Clear-Com®
Tempest®2400 2-Channel Wireless Intercom System 83
g. Software Updates
i. Software Updates are released periodically to correct discovered program bugs. During the Warranty Period, soft-
ware updates are available to Customers free of charge.
h. Software Upgrades
i. Software Upgrades include new Features and/or Functional Enhancements and are not included as part of
the Stan-
dard Warranty but may be purchased at the published rates.
ii. Note: In the absence of a Software Update containing a program correction and no available workaround
to miti-
gate the problem, at the discretion of Service, Sales, Engineering, or Product Management, the Customer may
be provided a Software Upgrade under warranty.
Exclusions.
Services do not cover damage or failure caused by any occurrence beyond Clear-Com’s reasonable control,
including without limitation acts of God, fire, flooding, earthquake, lightning, failure of electric power or air conditioning,
neglect, misuse, improper operation, war, government regulations, supply shortages, riots, sabotage, terrorism,
unauthorized modifications or repair, strikes, labor disputes or any product failure that Clear-Com determines is not a
result of failure in the Services provided by Clear-Com. Further Services excluded from this Agreement include: services
required due to errors or omissions in Customer purchase orders; installation or maintenance of wiring, circuits, electrical
conduits or devices external to the products; replacement or reconditioning of products which, in Clear-Com’s opinion
cannot be reliably maintained or properly serviced due to excessive wear or deterioration; Customer’s failure to maintain
the installation site in accordance with the environmental specifications of the products; or service on products removed
from the location originally specified by Customer and/or reinstalled without the prior written approval of Clear-Com.
Customer will pay Clear-Com’s then current published charges to restore such Covered Products to a condition eligible for
further service under this Agreement. Clear-Com shall be excused from and shall not be liable for any failure or delay in
performance under this Agreement due to the foregoing or any causes beyond its reasonable control.
Limitation of Liability
. IN NO EVENT WILL CLEAR-COM BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), REGARDLESS OF THE
FORM OF ACTION, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment
. Neither party may assign this Agreement or any portion thereof without the prior written consent of the other,
except in the event of a merger, sale of all or substantially all of the assets or other corporate reorganization.
Ownership of replaced parts or product.
All replaced parts or products become the property of Clear-Com.
Entire Agreement . This Agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof, and supersedes all prior or contemporaneous proposals, oral or written, and all other communications between
them relating to the subject matter of this Agreement.