Customer Support Information
System Programming
A–21
Limitation of Liability
Except as provided below, the liability of AT&T and its affiliates and suppliers for
any claims, losses, damages, or expenses from any cause whatsoever
(including acts or omissions of third parties), regardless of the form of action,
whether in contract, tort, or otherwise, shall not exceed the lesser of: (1) the
direct damages proven; or (2) the repair cost, replacement cost, license fee,
annual rental charge, or purchase price, as the case may be, of the equipment
that gives rise to the claim. Except as provided below, AT&T and its affiliates and
suppliers shall not be liable for any incidental, special, reliance, consequential,
or indirect loss or damage incurred in connection with the equipment. As used in
this paragraph, consequential damages include, but are not limited to, the
following: lost profits, lost revenues, and losses arising out of unauthorized use
(or charges for such use) of common carrier telecommunications services or
facilities accessed through or connected to the equipment. For personal injury
caused by AT&T's negligence, AT&T's liability shall be limited to proven
damages to person.
No action or proceeding against AT&T or its affiliates or
suppliers may be commenced more than twenty-four (24) months after the
cause of action accrues
. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN
EXCLUSIVE REMEDY.
Remote Administration
and Maintenance
The Remote Administration and Maintenance feature of your telecommunications
system, if you choose to use it, permits users to change the system features and
capabilities from a remote location.
The Remote Administration and Maintenance feature, through proper
administration, can help you reduce the risk of unauthorized persons gaining
access to the network. However, telephone numbers and access codes can be
compromised when overheard in a public location, are lost through theft of a
wallet or purse containing access information, or through carelessness (for
example, writing codes on a piece of paper and improperly discarding them).
Additionally, hackers may use a computer to dial an access code and then
publish the information to other hackers. Substantial charges can accumulate
quickly. It is your responsibility to take appropriate steps to implement the
features properly, evaluate and administer the various restriction levels, and
protect and carefully distribute access codes.
Under applicable tariffs, you will be responsible for payment of toll charges.
AT&T cannot be responsible for such charges and will not make any allowance
or give any credit resulting from unauthorized access.
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