BreezeMAX Wi² and BreezeACCESS Wi² System Manual v
Legal Rights
FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET
FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
CORRESPONDENCE WITH DESCRIPTION, NON-INFRINGEMENT, AND
ACCURACY OF INFORMATION GENERATED. ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. ALVARION' WARRANTIES HEREIN RUN ONLY TO PURCHASER,
AND ARE NOT EXTENDED TO ANY THIRD PARTIES. ALVARION NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE OR USE OF ITS PRODUCTS.
Limitation of Liability
(a) ALVARION SHALL NOT BE LIABLE TO THE PURCHASER OR TO ANY THIRD
PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF
BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE AND WHETHER BASED ON THIS AGREEMENT OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE LIABILITY FOR DAMAGES HEREUNDER OF ALVARION OR ITS EMPLOYEES
OR AGENTS EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY
PURCHASER, NOR SHALL THE AGGREGATE LIABILITY FOR DAMAGES TO ALL
PARTIES REGARDING ANY PRODUCT EXCEED THE PURCHASE PRICE PAID
FOR THAT PRODUCT BY THAT PARTY (EXCEPT IN THE CASE OF A BREACH OF
A PARTY'S CONFIDENTIALITY OBLIGATIONS).