Sierra Wireless U598, Руководство пользователя

Страница: 44 / 44

38 Section 3D. One-Year Limited Warranty
FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT
THE ALLEGED BREACH, DEFAULT, NON-PERFORMANCE, OR FAILURE IS A BREACH OF
FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.
In the event that the Product supplied by Vendor is found to infringe any third-party US or
Canadian patent, trade secret, copyright, trademark, or other proprietary right and/or the use
of the Product is enjoined, Vendor will, at its sole option, either (a) procure for you the right to
use such Product; (b) modify such Product so that it becomes non-infringing while giving
equivalent functionality and performance; or (c) if neither of the foregoing options is
reasonably available, refund to you all amounts paid for the infringing Products, depreciated
on a straight line basis over a three-year period. Vendor will have no liability or obligation to
you to the extent the infringement is caused by, or based upon: (a) use of the Product in an
application or environment, or on a platform, or with devices for which the Product was not
designed or contemplated; (b) modifications, alterations, combinations, or enhancements of
the Product not created by Vendor; (c) any third-party defined feature that Vendor
incorporates into the Product at the request of such third party; or (e) your failure to install any
corrections or enhancements made available by Vendor that maintain equivalent or better
functionality and performance, to the extent that such correction or enhancement would have
avoided the infringement claim. Vendor’s obligations do not apply to any alleged
infringement occurring after you have received written notice of the alleged infringement. THE
FOREGOING IS IN LIEU OF ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF
NON-INFRINGEMENT, WHICH ARE HEREBY DISCLAIMED, AND SETS FORTH THE ENTIRE
LIABILITY OF VENDOR AND THE ORIGINAL OWNER OF THE PRODUCT FOR ANY
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT.
If any provision or term of these terms and conditions is determined to be invalid or
unenforceable, the invalidity or unenforceability of that provision or term will not affect the
validity or enforceability of the remaining provisions and terms or the validity or enforceability
of that provision or term in any other jurisdiction.