User's Manual

Table Of Contents
Fortress ES-Series CLI Guide
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installed, operated, repaired or maintained in accordance with instructions provided by
Fortress.
The warranty is voided by removing any tamper evidence security sticker or marking
except as performed by a Fortress authorized service technician.
Fortress does not warrant uninterrupted or error-free operation of any Products or third
party software, including public domain software which may have been incorporated into
the Fortress Product.
Fortress will bear no responsibility with respect to any defect or deficiency resulting from
accidents, misuse, neglect, modifications, or deficiencies in power or operating
environment.
Unless specified otherwise, Fortress does not warrant or support non-Fortress products. If
any service or support is rendered such support is provided WITHOUT WARRANTIES OF
ANY KIND.
Governing Law
For Commercial Customers: This Agreement shall be governed by and construed in
accordance with the laws of the State of New York without reference to its conflict of laws
rules.
For U.S. Government Customers: This Agreement shall be governed by and construed in
accordance with United States Federal statutory and common law. The United States
Federal Courts shall have exclusive jurisdiction over any claim arising under this
Agreement.
Disclaimer of Liabilities
THE FOREGOING WARRANTIES ARE THE EXCLUSIVE WARRANTIES AND
REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FORTRESS
SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL
DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE STATED LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR
OBLIGATIONS OF FORTRESS FOR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS
(HARDWARE AND SOFTWARE). THESE WARRANTIES GIVE SPECIFIC LEGAL
RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT,
SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO
WARRANTIES APPLY AFTER THAT PERIOD.
Indemnification
Fortress will defend any action brought against Customer based on a claim that any
Fortress Product infringes any U.S. patents or copyrights excluding third party software,
provided that Fortress is immediately notified in writing and Fortress has the right to
control the defense of all such claims, lawsuits, and other proceedings. If, as a result of
any claim of infringement against any U.S. patent or copyright, Fortress is enjoined from
using the Product, or if Fortress believes the Product is likely to become the subject of a
claim of infringement, Fortress at its option and expense may procure the right for
Customer to continue to use the Product, or replace or modify the Product so as to make it
non-infringing. If neither of these two options is reasonably practicable, Fortress may
discontinue the license granted herein on one month’s written notice and refund to
Licensee the unamortized portion of the license fees hereunder. The depreciation shall be
an equal amount per year over the life of the Product as established by Fortress. The
foregoing states the entire liability of Fortress and the sole and exclusive remedy of the
Customer with respect to infringement of third party intellectual property.