User Manual

TeraHop Networks IMS Installation and Operation Manual V1.1 08-0000-01-R1
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(c) EXCLUSIONS. ANY DEFECTS CAUSED BY ACTS OF GOD INCLUDING BUT
NOT LIMITED TO LIGHTNING, EARTHQUAKES, FLOODS ETC. ARE NOT
COVERED BY THE TERAHOP WARRANTY.
(d) Radio Frequency Network Coverage and Availability Disclaimer. Although care has
been taken in designing the System to provide highly reliable radio frequency
communications links between the various components, continuous, uninterrupted
operation cannot be guaranteed. Radio waves are subject to blockage and attenuation by
manmade and natural obstructions. Further, based upon movable or fixed structures,
intermittent signal reflections may also adversely affect the ability to receive a signal
from time to time. Finally, radio frequency noise from other users and/or accidental
interference from improperly operating devices may also impact the ability to properly
receive and decode signals. If persistent coverage issues that impact the overall System’s
operation are uncovered, TeraHop will work with Buyer to analyze the situation, identify
the root cause, and recommend corrective action. Remedies may involve the need for
Buyer to reposition or purchase some additional equipment. Costs associated with these
changes will be the responsibility of Buyer.
(e) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL TERAHOP OR ITS SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGES FOR LOSS OF
GOOD¬WILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER
PECUNIARY LOSS) INCURRED BY BUYER OR ANY OTHER THIRD PARTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT AND REGARDLESS
OF WHETHER TERAHOP OR ITS SUPPLIERS WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(f) LIMITATION ON DAMAGES. IF TERAHOP BECOMES LIABLE TO BUYER
FOR ANY MATTER ARISING OUT OF OR IN ANY WAY RELATING TO THIS
AGREEMENT (INCLUDING THIS SECTION 9), WHETHER BASED ON AN
ACTION OR CLAIM IN CONTRACT, TORT, OR OTHERWISE, THE AMOUNT OF
DAMAGES RECOVERABLE AGAINST TERAHOP SHALL NOT EXCEED THE
AGGREGATE AMOUNT PAID BY BUYER TO TERAHOP FOR THE SPECIFIC
SERVICES, UNIT OF EQUIPMENT OR SOFTWARE GIVING RISE TO SUCH
LIABILITY DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING
BUYER’S CLAIM. BUYER ACCEPTS THE TERMS AND CONDITIONS OF THIS
AGREEMENT WITH THE UNDERSTANDING THAT TERAHOP’S LIABILITY IS
LIMITED, THE PRICES PAYABLE HAVE AND WILL BE CALCULATED
ACCORDINGLY, AND THAT BUYER MAY REDUCE ITS RISK FURTHER BY
MAKING APPROPRIATE PRO¬VISION FOR INSURANCE. BUYER AGREES TO
MITIGATE ANY LOSSES OR DAMAGES.