Console Server & Router User Manual
335
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.
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