SSN will not honor, and will consider the warranty voided, if: (1) the seal or serial number on the Product have been tampered with; (2) the Product’s
case has been opened; or (3) there has been any attempted or actual repair or modification of the Product by anyone other than an SSN authorized
service provider.
The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.
SSN’s limit of liability under the limited warranty shall be the actual cash value of the product at the time the end user returns the product for repair,
determined by the price paid by the end user for the product less a reasonable amount for usage. SSN shall not be liable for any other losses or
damages.
The end user will be billed for any parts or labor charges not covered by this limited warranty. The end user will be responsible for any expenses
related to reinstallation of the product.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY SSN MAKES FOR THE PRODUCT AND SOFTWARE. TO THE EXTENT ALLOWED BY
LAW, NO OTHER WARRANTY APPLIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.
Out of Warranty Repair
. Out of warranty repair is available for fixed fee. Please contact SSN at the numbers provided above to determine the
current out of warranty repair rate. End users seeking out of warranty repair should contact SSN as described above to obtain an RMA and to arrange
for payment of the repair charge. All shipping charges will be billed to the end user.
General Provisions
The following general provisions apply to the foregoing Software License and Limited Warranty:
1.
No Modification
. The foregoing limited warranty is the end user’s sole and exclusive remedy and is in lieu of all other warranties, express or
implied. No oral or written information or advice given by SSN or its dealers, distributors, employees or agents shall in any way extend, modify or add
to the foregoing Software License and Limited Warranty. This Software License and Limited Warranty constitutes the entire agreement between SSN
and the end user, and supersedes all prior and contemporaneous representation, agreements or understandings, oral or written. This Software License
and Limited Warranty may not be changed or amended except by a written instrument executed by a duly authorized officer of SSN.
SSN neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond
that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
The limited warranty period for SSN supplied attachments and accessories is specifically defined within their own warranty cards and packaging.
2.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
. TO THE FULL EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL SSN BE LIABLE, WHETHER UNDER CONTRACT, WARRANTY, TORT OR ANY OTHER THEORY OF LAW FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OR IMPAIRMENT OF DATA OR BUSINESS INFORMATION, EVEN IF SSN HAS BEEN
NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SSN’S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNT PAID
FOR THE HARDWARE/SOFTWARE.
3.
General
. This Software License and Limited Warranty will be covered by and construed in accordance with the laws of the State of Texas, United
States (excluding conflicts of laws rules), and shall inure to the benefit of SSN and its successor, assignees and legal representatives. If any provision
of this Software License and Limited Warranty is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable
law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Software License and Limited Warranty will
remain in full force and effect. Any notices or other communications to be sent to SSN must be mailed by certified mail to the following address:
Siemens Subscriber Networks
4849 Alpha Road
Dallas, TX 75244
U.S.A.
Attn: Customer Service