Coyote Point Systems Equalizer, Installation And Administration Manual

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Appendix F:License and Warranty
124 Equalizer Installation and Administration Guide
COYOTE POINT SYSTEMS WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES
ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH-RISK ACTIVITY,
INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.
These terms and conditions constitute the complete and exclusive warranty agreement
between you and Coyote Point Systems regarding the Coyote Point Systems product you
have purchased. These terms and conditions supersede any prior agreements or
representations including representations made in Coyote Point Systems sales literature or
advice given to you by Coyote Point Systems or an agent or employee of Coyote Point
Systems that may have been made in connection with your purchase of the Coyote Point
Systems product. No change to the conditions of this Limited Warranty is valid unless it is
made in writing and signed by an authorized representative of Coyote Point Systems.
Limitation of liability
IF YOUR COYOTE POINT SYSTEMS SOFTWARE OR HARDWARE PRODUCT FAILS TO
WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
REPAIR OR REPLACEMENT (INCLUDING REFUND). COYOTE POINT SYSTEMS'
MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED
TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST
OF REPAIR OR REPLACEMENT OF ANY SOFTWARE OR HARDWARE COMPONENTS
THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. COYOTE POINT
SYSTEMS IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE
FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR
SAVINGS OR DATA, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
OR PUNITIVE DAMAGES. COYOTE POINT SYSTEMS IS NOT LIABLE FOR ANY
CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR
A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM
(INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT
CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE
WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE
EFFECTIVE EVEN IF YOU HAVE ADVISED COYOTE POINT SYSTEMS OR AN
AUTHORIZED REPRESENTATIVE OF COYOTE POINT SYSTEMS OF THE POSSIBILITY
OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT
APPLY TO CLAIMS FOR PERSONAL INJURY. THE FOREGOING LIMITATIONS SHALL
APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL
PURPOSE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO
HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR
COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
IN THE EVENT OF INCONSISTENCY BETWEEN ANY TERMS OF THIS DISCLAIMER
OF WARRANTIES AND LIMITED WARRANTY AND ANY TRANSLATION THEREOF
INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION SHALL
PREVAIL.