Harris PRE99-1500-08, Инструкция по установке и эксплуатации

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engineer to visit the site, related reasonable pre-approved on-site time and travel expenses will be
billed at the prevailing daily rates, unless otherwise agreed to in writing prior to the visit. A ONE-
DAY MINIMUM CHARGE APPLIES TO ALL ON-SITE VISITS.
4. Software Warranty Exclusions. The Software Warranty does not apply to any software media or
Licensed Program that (A) has been altered or modified, except by Harris; (B) has not been
installed, operated, repaired, or maintained in accordance with instructions supplied by Harris;
(C) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or
(D) is used in ultra hazardous activities.
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT,
HARRIS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND
NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-
INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL HARRIS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT,
WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF
ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND
REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF HARRIS’
LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE
OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE HARRIS
EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED
HEREUNDER, HARRIS’ PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER
RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL
CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY
HARRIS FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE.
Applicable Law, Venue and Jurisdiction. This Standard Warranty Policy Statement, and any
disputes related hereto, shall be governed by and interpreted in accordance with the laws of the
State of Florida, USA, regardless of any law principles requiring the application of any other law.
The parties agree that the exclusive venue for any action related to the dispute or interpretation of
this Agreement shall be in the courts with the appropriate jurisdiction located in Orlando, Florida,
and each party irrevocably submits to the jurisdiction of each such court in any such action and
waives any objection it may now or hereafter have to venue or personal jurisdiction in each such
court. The prevailing party in any action related to the dispute or interpretation of this
Agreement shall be entitled to recover its reasonable attorneys fees incurred in pursuing the
action, including those fees incurred throughout all bankruptcy and appellate proceedings.
THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY LAW, TO WAIVE ALL
RIGHTS TO A TRIAL BY JURY OF ANY ACTION RELATING TO THE DISPUTE OR
INTERPRETATION OF THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT, OR
OTHERWISE. THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT THIS WAIVER IS MADE
KNOWINGLY AND VOLUNTARILY AFTER AN ADEQUATE OPPORTUNITY TO NEGOTIATE
ITS TERMS.