User's Manual Part 3

18: Warranty, Service and Support
18: Warranty, Service and Support
9575A User Manual 203202 9575A User Manual
STRICT LIABILITY, GROSS NEGLIGENCE OR NEGLIGENCE, FOR ANY
DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT
AND/OR THE COST OF IRIDIUM SATELLITE SERVICES PROVIDED. NOR
SHALL IRIDIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
PRIVACY, LOSS OF USE, LOSS OF TIME OR INCONVENIENCE, LOSS OF
INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER
FINANCIAL LOSS CAUSED BY THE PRODUCT AND/OR THE IRIDIUM
SATELLITE SERVICES , OR ARISING OUT OF OR IN CONNECTION WITH
THE ABILITY OR INABILITY TO USE, OR THE USE OF THE PRODUCT
AND/OR THE IRIDIUM SATELLITE SERVICES TO THE FULLEST EXTENT
THESE DAMAGES MAY BE DISCLAIMED BY LAW AND REGARDLESS
OF WHETHER IRIDIUM WAS ADVISED OF THE POSSIBILITIES OF SUCH
DAMAGES. IRIDIUM IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD
PARTY OR MADE BY YOU FOR A THIRD PARTY.
USERS OF THE IRIDIUM SATELLITE PHONE SERVICES AND RELATED
EQUIPMENT, INCLUDING WITHOUT LIMITATION THOSE USING THE
SERVICE AND THE PRODUCT IN ANY MANNER IN CONJUNCTION
WITH EMERGENCY 911 (U.S.), EMERGENCY TRIPLE ZERO (000)/ 112
(AUSTRALIA) OR ANY OTHER DISTRESS CALLING OR EMERGENCY
SERVICES, BOTH PUBLIC OR PRIVATELY OPERATED, ACKNOWLEDGE
AND AGREE AS A CONDITION OF THE PROVISION OF SERVICE AND
PRODUCT BY IRIDIUM THAT THEY WILL MAKE NO CLAIM, WHETHER IN
CONTRACT, INDEMNITY, TORT OR ANY OTHER LEGAL THEORY AGAINST
IRIDIUM FOR BODILY INJURY, LOSS OF LIFE, DAMAGE TO PROPERTY OR
FOR ANY OTHER LOSS WHATSOEVER, OR FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, BY REASON
OF ANY UNAVAILABILITY, DELAY, FAULTINESS OR FAILURES OF THE
IRIDIUM FACILITIES OR SERVICE, PRODUCT, OR EQUIPMENT OR FOR
INACCURACIES OR FAILURES WITH REGARD TO ANY USER INFORMATION
PROVIDED. THIS IS A WAIVER AND RELEASE AND DISCLAIMER OF
LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
AND APPLIES REGARDLESS OF THE CAUSE OF ANY LIABILITY, INCLUDING
WITHOUT LIMITATIONS, TO WRONGFUL CONDUCT, OMISSION OR FAULT
OF EMPLOYEES OR AGENTS OF IRIDIUM.
By your use of the Product and Iridium Satellite Services you consent
to Iridium’s disclosure of user information, including, but not limited
to name, address, telephone number and location information,
including, where available, the geographic coordinates of equipment, to
governmental and quasi-governmental agencies where Iridium deems
it necessary in its sole discretion to respond to an exigent circumstance.
These governmental and quasi-governmental agencies shall be deemed
“users” for all purposes of this Limited Warranty.
ACCESSORIES, FACILITIES OR SERVICES OR USER INFORMATION,
EXCEPT AS EXPRESSLY STATED IN THIS LIMITED WARRANTY.
ANY OTHER STANDARDS OF PERFORMANCE, GUARANTEES,
CONDITIONS AND WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED
AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE
EXPRESS LIMITED WARRANTY CONTAINED HEREIN FAILS OF ITS
ESSENTIAL PURPOSE. FURTHER, THIS LIMITED WARRANTY COVERS
THE PRODUCT ONLY, AND NO WARRANTY IS MADE AS TO USER
INFORMATION AND/OR COVERAGE, AVAILABILITY OR GRADE OF
SERVICE PROVIDED BY IRIDIUM SEPARATELY FOR IRIDIUM SATELLITE
SERVICES.
This Product is covered by a U.S.A. warranty. This Limited Warranty
is applicable in all countries and is enforceable in any country or region
where Iridium or its Service Provider offer warranty service for the
Product. Outside of the U.S.A., any different warranty terms, liabilities
and/or legal requirements of the country in which the Product is sold
are specifically disclaimed by Iridium. Warranty service availability and
response times may vary from country to country and may be subject to
registration requirements in the country of purchase. Your Iridium Service
Provider can provide details.
This Limited Warranty gives you specific legal rights. You may also have
other rights that may vary from state to state/country to country. Some
states/countries do not allow or acknowledge the existence, limitation
or exclusion of incidental or consequential damages, or limitation on
the length of an implied warranty, so some limitations or exclusions of
this Limited Warranty may not apply to you. You are advised to consult
applicable state/country laws for a full determination of your rights.
Conditions of Use and Limitations of Liability.
This Limited Warranty is your sole and exclusive remedy. These terms and
conditions supersede any prior agreements or representations, including
those made in Iridium sales literature or advice given to you by or on
behalf of Iridium in connection with your purchase.
ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED
UNDER THIS EXPRESS LIMITED WARRANTY IS PROVIDED IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT
SHALL IRIDIUM BE LIABLE, WHETHER IN CONTRACT OR TORT OR
ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION