LTE Outdoor CPE | User Manual
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updates, which include additional performance improvements and/or bug fixes, upon availability (the
"Warranty"). Bug fixes, temporary patches and/or workarounds may be supplied as Firmware
updates.
Additional hardware, if required, to install or use Firmware updates must be purchased by the
Customer. Telrad will be obligated to support solely the two (2) most recent Software major releases.
TELRAD NETWORKS SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS
CAUSED BY PURCHASER'S OR ANY THIRD PERSON'S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION
OR IMPROPER TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE
RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD.
Disclaimer
(a)
The Software is sold on an "AS IS" basis. Telrad Networks, its affiliates or its licensors MAKE NO
WARRANTIES, WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE
AND THE ACCOMPANYING DOCUMENTATION. TELRAD NETWORKS SPECIFICALLY DISCLAIMS ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT WITH RESPECT TO THE SOFTWARE. UNITS OF PRODUCT (INCLUDING ALL THE
SOFTWARE) DELIVERED TO PURCHASER HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE IN APPLICATIONS WHERE THE
FAILURE, MALFUNCTION OR INACCURACY OF PRODUCTS CARRIES A RISK OF DEATH OR BODILY
INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH-RISK ACTIVITIES"). HIGH-RISK
ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, USE AS PART OF ON-LINE CONTROL SYSTEMS IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR OTHER APPLICATIONS REPRESENTING A
SIMILAR DEGREE OF POTENTIAL HAZARD. TELRAD NETWORKS SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.
(b)
PURCHASER'S SOLE REMEDY FOR BREACH OF THE EXPRESS WARRANTIES ABOVE SHALL BE
REPLACEMENT OR REFUND OF THE PURCHASE PRICE AS SPECIFIED ABOVE, AT TELRAD NETWORKS'S
OPTION. TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET FORTH
IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,