7
INDEMNIFICATION
You agree to defend, hold harmless, and indemnify the Company and its affiliates
and their respective officers, directors, employees, and agents from and against
any and all damages, liability, costs, and expenses (including, without limitation,
reasonable attorneys’ fees) arising out of or relating to (a) any claim for breach of
this Agreement by you; (b) any claim for negligence, intentional misconduct, or
any other act or omission on the part of you or your employees, agents, or
representatives; (c) personal injury, death, or property damage allegedly or
impliedly caused by you or your employees, agents, or representatives in
connection with this Agreement; or (d) any claim that an application of the
Product or your actions in distributing the Product or integrating it with other
hardware, software, or systems infringe the intellectual property rights of a third
party.
LIMITATIONS of LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF YOU, YOUR
CUSTOMERS, END USERS OF THE PRODUCT, OR ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, ANY ENTITY FURNISHING EQUIPMENT, SOFTWARE, FIRMWARE,
OR SERVICES TO THE COMPANY, YOU, YOUR CUSTOMERS, OR END USERS OF THE
PRODUCT, NOR SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES ATTRIBUTABLE,
IN WHOLE OR IN PART, TO THE FAILURE OF SAID EQUIPMENT, SOFTWARE, FIRMWARE,
OR SERVICES. THE COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS IN, OR
INTERFERENCE WITH, THIRD PARTY TELECOMMUNICATIONS CARRIERS’
TRANSMISSIONS OVER WHICH THE COMPANY HAS NO CONTROL, I.E., FOR
INTERRUPTIONS OR INTERFERENCE CAUSED BY NETWORK CONGESTION, WEATHER
CONDITIONS, TERRAIN, BUILDINGS, LOCALIZED “GAPS” IN TELECOMMUNICATIONS
NETWORK COVERAGE, AND OTHER NATURAL OR ARTIFICIAL CONDITIONS OVER
WHICH THE COMPANY HAS NO CONTROL. THE COMPANY SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, DATA, OR PROFITS,
REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF, OR COULD HAVE
REASONABLY FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY
SHALL NOT BE LIABLE IN THE EVENT THAT FUTURE TECHNOLOGICAL CHANGES
IMPLEMENTED BY ANY THIRD PARTY OR GOVERNMENTAL ENTITY RENDER THE
PRODUCT WHOLLY OR PARTIALLY INOPERABLE. OTHER LIMITATIONS OF LIABILITY
MAY APPLY AS PROVIDED BY THE MASTER AGREEMENT, IF ANY, GOVERNING YOUR
PURCHASE OF THE PRODUCT FROM THE COMPANY.
4. FCC and Industry Canada Regulatory Compliance
Part 15
This device complies with Part 15 of the FCC Rules. Operation is subject to the
following two conditions: (1) this device may not cause harmful interference, and
(2) this device must accept any interference received, including interference that
may cause undesired operation.
This equipment has been tested and found to comply with the limits for a Class B
digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to
provide reasonable protection against harmful interference in a residential
