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Vivato Wi-Fi AP/Bridge User Guide
Copyright © 2004, Vivato, Inc.
VIVATO, INC. END USER LIMITED WARRANTY AND LICENSE TERMS
any third party, unless authorized by Vivato as stated below; (d) use in conjunction with equipment which is
not compatible with Product or Software; (e) documentation errors; (f) software errors; or (g) Product or
Software provided to End User for evaluation, testing, demonstration or other purposes for which Vivato
does not receive payment of purchase price or license fee.
Vivato does not warrant or accept any responsibility for Product or Software, which has been
repaired or altered by anyone other than Vivato, or a Vivato authorized service center. In the event of any
such unauthorized repairs or alterations, this warranty shall become void. No agent, distributor, Reseller or
representative is authorized to make any warranties or to assume any liabilities on behalf of Vivato.
Vivato shall make the final determination as to the existence and cause of any alleged defect of
Product or Software. Non-payment of invoices for Product or Software, within the stated terms, shall
cause this warranty to be suspended until late invoices are fully paid.
If the Product or Software is found to have been damaged due to misuse, abnormal operating
conditions, or unauthorized repair, the repairs and/or replacement of such Product or Software will be done
at End User’s expense under Vivato's then current time and material repair terms. In such event, an
estimate of the cost of repairs and/or replacement will be submitted to End User for approval before the
work is started. If the returned Product or Software is found by Vivato to be in compliance with this Limited
Warranty, Vivato may charge a fee for the evaluation, which may include reasonable travel and expenses,
if applicable.
Minor or non-substantive defects or deviations, or errors or omissions of Product or Software shall
not constitute a warranty defect. End User understands and acknowledges that the form, function and
operation of the Product and Software will change from time to time.
EXCEPT AS SPECIFIED HEREIN, VIVATO MAKES NO OTHER WARRANTIES WITH
RESPECT TO PRODUCT AND SOFTWARE AND DISCLAIMS AND EXCLUDES ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY APPLICABLE LAW,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
USE, SATISFACTORY QUALITY, WARRANTIES OF NON-INFRINGEMENT OR WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ALL SUCH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. VIVATO DOES NOT WARRANT THAT THE
PRODUCT OR SOFTWARE IS ERROR-FREE OR THAT OPERATION OF THE PRODUCT OR
SOFTWARE WILL BE SECURE OR UNINTERRUPTED AND VIVATO HEREBY DISCLAIMS ANY AND
ALL LIABILITY ON ACCOUNT THEREOF. This disclaimer and exclusion shall apply even if the
express warranty set forth herein fails in its essential purpose.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING ELSE, VIVATO SHALL NOT BE LIABLE TO END USER OR
ANY THIRD PARTY UNDER ANY PROVISION HEREIN OR UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, OR COST, OR FOR
THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCT, SOFTWARE, OR SERVICES,
WHETHER OR NOT VIVATO OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES
.
IN NO EVENT SHALL VIVATO BE LIABLE FOR ANY AMOUNT IN EXCESS OF
THE AGGREGATE AMOUNT PAID BY END USER TO VIVATO FOR THE PRODUCT AND SOFTWARE,
DURING THE SIX MONTHS PREVIOUS TO THE TIME THE CLAIM ARISES. THE RIGHT TO
RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN THIS SECTION IS END USER'S
EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT ANY OTHER CONTRACTUAL REMEDY FAILS
