56050301 – Rev B
vi
© 2017 Telguard
T
ERMS AND
C
ONDITIONS FOR
U
SE OF
T
ELGUARD
P
RODUCT
These Terms and Conditions are a legal contract between you and Telguard for the title to and use
of the Product. BY RETAINING AND USING THE PRODUCT YOU AGREE TO THE TERMS
AND CONDITIONS INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND
INDEMNIFICATION PROVISIONS BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS, DO NOT USE THE PRODUCT AND IMMEDIATELY RETURN THE UNUSED
PRODUCT FOR A COMPLETE REFUND.
You agree to accept sole responsibility for any misuse
of the Product by you; and, in addition, any negligent or illegal act or omission of your or your
agents, contractors, servants, employees, or other users of the Product so long as the Product was
obtained from you, in the use and operation of the Product.
INDEMNIFICATION OF TELGUARD
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS TELGUARD FOR ANY OF THE
COST, INCLUDING REASONABLE ATTORNEYS’ FEES, AND FROM CLAIMS ARISING OUT
OF YOU, YOUR CLIENTS’ OR OTHER THIRD PARTIES’ USE OR OPERATION OF THE
PRODUCT: (i) FOR MISUSE OR IN A MANNER NOT CONTEMPLATED BY YOU AND
TELGUARD OR INCONSISTENT WITH THE PROVISIONS OF THIS MANUAL; (ii) IN AN
ILLEGAL MANNER OR AGAINST PUBLIC POLICY; (iii) IN A MANNER SPECIFICALLY
UNAUTHORIZED IN THIS MANUAL; (iv) IN A MANNER HARMFUL OR DANGEROUS TO
THIRD PARTIES; (v) FROM CLAIMS BY ANYONE RESPECTING PROBLEMS, ERRORS OR
MISTAKES OF THE PRODUCT; OR (vi) COMBINATION OF THE PRODUCT WITH MATERIAL,
MODIFICATION OF THE PRODUCT OR USE OF THE PRODUCT IN AN ENVIRONMENT NOT
PROVIDED, OR PERMITTED, BY TELGUARD IN WRITING. THE PARTIES SHALL GIVE EACH
OTHER PROMPT NOTICE OF ANY SUCH COST OR CLAIMS AND COOPERATE, EACH WITH
THE OTHER, TO EFFECTUATE THIS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS.
WARRANTY; LIMITATIONS
TELGUARD WILL REPAIR OR REPLACE (OUR OPTION) INOPERATIVE UNITS FOR UP TO
TWO YEARS FROM DATE OF MANUFACTURE. EXCLUDES DAMAGE DUE TO LIGHTNING
OR INSTALLER ERROR AS WELL AS UNITS THAT INCORPORATE MATERIAL, OR USED IN
A MANNER OR ENVIRONMENT, NOT SPECIFICALLY AUTHORIZED IN THIS MANUAL.
UNAUTHORIZED MODIFICATIONS VOID THIS WARRANTY. NOT RESPONSIBLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. LIABILITY LIMITED TO PRICE OF UNIT.
THIS IS THE EXCLUSIVE WARRANTY, IN LIEU OF ALL OTHER WARRANTIES INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, DELIVERY, INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER WARRANTIES WILL BE
HONORED, WHETHER EXPRESSED OR IMPLIED.
