Legal Rights
other cause related to the use or inability to use the Product. Alvarion shall not
have any liability for any personal injury, property damage or other loss based on
any claim arising from or related to the Product, the use of or inability to use
such Product or any other cause related to the Product. Alvarion shall have no
liability whatsoever for any direct, indirect, punitive, special, incidental or other
consequential damages arising directly or indirectly from the use of or inability to
use the Product, including, but not limited to, any damages or injury caused by
any error, omission, deletion, defect, interruption, failure of performance, delay in
operation or transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of whether for breach of
contract, negligence, tortious behavior, or under any other cause of action.
YOUR SOLE REMEDY AND ALVARION’S SOLE LIABILITY IS, IN ALVARION’S
DISCRETION, EITHER (i) THE REPLACEMENT OR REPAIR OF THE PRODUCT;
OR (ii) THE REFUND OF THE PURCHASE PRICE FOR THE PRODUCT.
All use the Product is at your sole risk. You assume all risks of use of this
Product and hereby waive and release, to the full extent permitted by law,
Alvarion and its subsidiaries and affiliated companies, and their respective
employees, officers, directors and agents, from any and all claims, damages,
demands, and any other liability relating to or arising from the use of the Product
and agree to defend, indemnify and hold harmless Alvarion and its subsidiaries
and affiliated companies, and their respective employees, officers, directors and
agents against any and all claims resulting from or arising out of any use of or
inability to use the Product.
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).
BreezeACCESS 4900 System Manual
