Service & Warranty
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LIMITATION OF LIABILITY
No action, regardless of form, arising from this warranty may be brought by either party more than two (2)
years after the cause of action has occurred. Purchaser expressly agrees that Opengear's liability, if any,
shall be limited solely to the replacement or repair of the product in accordance with the warranties
specifically and expressly set forth herein. The remedies of the Purchaser are the exclusive and sole
remedies available, and, in the event of a breach or repudiation of any provision of this agreement by
Opengear, the Purchaser shall not be entitled to receive any incidental damages as that term is defined in
Section 2-715 of the Uniform Commercial Code. Opengear waives the benefit of any rule that disclaimer of
warranty shall be construed against Opengear and agrees that such disclaimers herein shall be construed
liberally in favor of Opengear.
THE FOREGOING WARRANTIES ARE THE SOLE ANDEXCLUSIVE WARRANTIES GIVEN IN CONNECTION
WITH THE PRODUCT AND THE HARDWARE. OPENGEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY OR
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. OPENGEAR DOES NOT PROMISE THAT THE PRODUCT IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY LOST OR
ANTICIPATED PROFITS, OR ANY INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES,
REGARDLESS OF WHETHER OPENGEAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
