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invoice date (the "Warranty Period")". During the Warranty Period, Alvarion may
release to its Customers firmware updates, which include additional performance
improvements and/or bug fixes, upon availability (the "Warranty"). Bug fixes,
temporary patches and/or workarounds may be supplied as Firmware updates.
Additional hardware, if required, to install or use Firmware updates must be
purchased by the Customer. Alvarion will be obligated to support solely the two (2)
most recent Software major releases.
ALVARION SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING
AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT
DOES NOT EXIST OR WAS CAUSED BY PURCHASER'S OR ANY THIRD
PERSON'S MISUSE, NEGLIGENCE, IMPROPER INSTALLATION OR IMPROPER
TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE
BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE,
LIGHTNING OR OTHER HAZARD.
Disclaimer
(a) The Software is sold on an "AS IS" basis. Alvarion, its affiliates or its licensors
MAKE NO WARRANTIES, WHATSOEVER, WHETHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION. ALVARION SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
UNITS OF PRODUCT (INCLUDING ALL THE SOFTWARE) DELIVERED TO
PURCHASER HEREUNDER ARE NOT FAULT-TOLERANT AND ARE NOT
DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE IN
APPLICATIONS WHERE THE FAILURE, MALFUNCTION OR INACCURACY OF
PRODUCTS CARRIES A RISK OF DEATH OR BODILY INJURY OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). HIGH
RISK ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, USE AS PART OF
ON-LINE CONTROL SYSTEMS IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, LIFE SUPPORT MACHINES, WEAPONS SYSTEMS OR
OTHER APPLICATIONS REPRESENTING A SIMILAR DEGREE OF POTENTIAL
HAZARD. ALVARION SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
(b) PURCHASER'S SOLE REMEDY FOR BREACH OF THE EXPRESS
WARRANTIES ABOVE SHALL BE REPLACEMENT OR REFUND OF THE
PURCHASE PRICE AS SPECIFIED ABOVE, AT ALVARION'S OPTION. TO THE
FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES AND REMEDIES SET
FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER