Riverstone Networks RS 3000 Switch Router Getting Started Guide xi
in effect.
v. RIVERSTONE shall have full and free access to the Products and Licensed Materials at PURCHASER's Cus-
tomer's site, if required.
vi. RIVERSTONE shall not be responsible for failure to furnish Parts due to causes beyond its control. RIVER-
STONE shall not be required to replace any Part if it would be impractical for RIVERSTONE personnel to do so
because of unauthorized alterations to the Products or its unauthorized connection by mechanical or electrical means
to another system or device.
F.
Limitation of Liability
i. THESE WARRANTIES AND RIVERSTONE'S AND ITS AFFILIATES LIABILITY AND PURCHASER'S
REMEDIES WITH RESPECT THERETO, AS SET FORTH HEREIN, ARE EXCLUSIVE AND EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES, LIABILITIES, REMEDIES, EXPRESS OR IMPLIED, INCLUDING
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM NEGLIGENCE OF RIVERSTONE OR ITS AFFILIATES, ACTUAL OR IMPUTED, AND NO WARRAN-
TIES, EXPRESS OR IMPLIED REPRESENTATIONS, PROMISES OR STATEMENTS HAVE BEEN MADE BY
RIVERSTONE OR ITS AFFILIATES UNLESS CONTAINED IN THIS AGREEMENT. NO WARRANTY,
EXPRESS OR IMPLIED, IS MADE HEREIN THAT THE LICENSED MATERIALS, PRODUCTS OR ANY
PARTS ARE MERCHANTABLE, OR FIT OR SUITABLE FOR THE PARTICULAR PURPOSES FOR WHICH
THE LICENSED MATERIALS, PRODUCTS OR PARTS MAY BE ACQUIRED BY PURCHASER. IN NO
EVENT SHALL RIVERSTONE OR ITS AFFILIATES BE LIABLE TO PURCHASER FOR ANY INDIRECT,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF DATA,
OR PROFITS, WHETHER CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE, AND
WITHOUT REGARD TO THE FORM OF ACTION IN WHICH SUCH CLAIM IS MADE.
ii. The Products and Licensed Materials are not specifically developed, or licensed for use in any nuclear, avia-
tion, mass transit, or medical applications or in any other inherently dangerous applications. PURCHASER
hereby agrees that RIVERSTONE shall not be liable for any claims or damages arising from such use if PUR-
CHASER uses the Products and/or Licensed Materials for such applications. PURCHASER agrees to indemnify
and hold RIVERSTONE harmless from any claims for losses, costs, damages, or liability arising out of or in con-
nection with the use of the Products and/or Licensed Materials in such applications.
iii. Notwithstanding anything contained herein to the contrary, the total maximum liability of RIVERSTONE
and it's Affiliates under this warranty is limited, at the option of RIVERSTONE, to either
(a) RIVERSTONE's use of reasonable efforts to repair any item, or part thereof; or
(b) RIVERSTONE's use of reasonable efforts to replace any item, or part thereof, or any shipment as to
which any defect is claimed by PURCHASER and duly verified by RIVERSTONE; or
(c) The refund of the purchase price.
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