46 ··· Vocera User Guide
not practical, refunded the price you paid for the original. (Any replacement will
be either new or the cosmetic and functional equivalent.). The obligations here-
under are conditioned upon the return of affected product in accordance with
Vocera's or its resellers then-current Return Material Authorization (RMA) proce-
dures. NEITHER VOCERA NOR ITS LICENSORS MAKE ANY OTHER WARRANTY,
EXPRESS, IMPLIED OR STATUTORY. LICENSOR AND ITS LICENSORS DISCLAIM
ALL WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY
AND NON-INFRINGEMENT.
Limited Warranty Restrictions.
This warranty does not apply and is void with
respect to (a) cosmetic damage, (b) product that has been improperly installed
or maintained,
(c) cost of any installation or deinstallation, (d) equipment or components not
manufactured by Vocera, (e) failures or defects caused by misuse, abuse, acci-
dents, physical damage, abnormal operation, improper handling and storage,
neglect, alterations, problems caused by your local area network (e.g., cover-
age), exposure to fire, water or excessive moisture or dampness, floods, or
extreme changes in climate or temperature, acts of God, riots, spills of food or
liquids, or other circumstances beyond the reasonable control of Vocera or its
reseller, (f) products from which warranty stickers, electronic serial numbers and/
or serial label have been removed, altered or rendered illegible, (g) signal recep-
tion problems not caused by defect in material or workmanship), (h) badges
operated outside published maximum ratings, (i) performance of Badge when
used in combination with other products or equipment not manufactured,
approved by or supplied by Vocera, (j) any Badges which have been opened,
repaired, modified or altered by anyone other than Vocera or a Vocera autho-
rized service center, (k) Accessories and materials subject to normal wear and
tear.
Limit of Liability.
Vocera's Licensors disclaim all liability to you. Vocera shall
not be liable for direct damages exceeding the price paid by you for a defective
component or for special, incidental, consequential or indirect damages, even if
advised in advance of the potential thereof.
U.S. Government Users.
The Software is a “commercial item” as defined at
48 C.F.R. 2.101, consisting of “commercial computer software” and “commer-
cial computer software documentation” as such terms are used in 48 C.F.R.
12.212. Under 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 to 227.7202-4, U.S.
Government Users acquire the Software only with the rights set forth therein.
Third Party Licensors.
This Agreement may be accompanied by differing or
additional provisions applicable to portions of the Software provided by one or
more Licensors (“Licensor Provisions”). User acknowledges and agrees that its
Use of such portions of the Software is subject to the Licensor Provisions.
Applicable Law.
This Agreement is governed by the laws of California, exclud-
ing its principles of conflict of laws. In any claim hereunder, you consent to the
non-exclusive jurisdiction of the state and federal courts situated in California
and waive objection to such venues.
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