Motorola SV-4250-P-1 - AirDefense Enterprise Appliance 4250 Quick Installation Manual page 30

Appliance Quick Installation Guide
24
In the event of a warranty claim, Licensee will comply with the provisions of this Agreement regarding the return of the Products to AirDefense. The
exclusive remedy of Licensee against AirDefense for a breach of the foregoing warranty and AirDefense's sole obligation is the correction, repair or
replacement of the Product. AirDefense shall have no liability for defects resulting from actions attributable the Licensee.
Computer Hardware Returns. Licensee may return defective Hardware to AirDefense under claim of warranty provided that Licensee first requests and
obtains from AirDefense a Return Materials Authorization (RMA) number. The issuance of an RMA shall not be deemed an admission that the Hardware
is defective. AirDefense shall repair or replace defective Hardware within twenty (20) business days of receipt of the Hardware shipped to the attention
of AirDefense's RMA department bearing a valid RMA number. There shall be no charge to Licensee for repair to or replacement of any defective
Hardware written notice of which is received by AirDefense within the warranty period set forth in this section. Licensee will pay all costs of shipping
and insurance for the return of the Products to AirDefense, and AirDefense will pay all costs of shipping and insurance for the return of the Products from
AirDefense to Licensee. Defective Hardware is defined as a Product that does not perform as warranted during the applicable warranty period as
provided in this Section 7.
8
Limitation of Warranties. Licensee assumes responsibility for the selection of the Products to achieve Licensee's intended results and for the installation
and use of, and the results obtained from, the Products. Neither AirDefense nor any of its suppliers warrants that the functions or features contained in
the Products will meet Licensee's requirements or that the operation of the Products will be uninterrupted or error free.
EXCEPT AS PROVIDED HEREIN, THE PRODUCTS ARE BEING PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. AIRDEFENSE AND ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AS TO NON-INFRINGEMENT RELATED TO THE
PRODUCTS PROVIDED HEREUNDER. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
9
Limitation Remedies and Damages. The remedies provided in this Agreement are the sole and exclusive remedies available to Licensee for any breach to
which such remedy pertains. The aggregate liability of AirDefense to Licensee for any and all costs, liabilities, losses, and expenses (including, but not
limited to, reasonable attorneys' fees) (each a "Loss" and collectively, "Losses") resulting from any claim, suit, action, or proceeding arising out of or
related to this Agreement for all claims of every kind and nature that arise or accrue, regardless of the form of action that imposes liability, whether in
contract, indemnity, equity, negligence, intended conduct, tort or otherwise, will be limited to and will not exceed, in the aggregate, the amount actually
paid by Licensee for the Products purchased pursuant to a specific purchase order out of which the Loss arises. In any event AirDefense shall have no
liability for any Loss arising (x) after the expiration of twelve (12) months from the date of the purchase order for the Products out of which the Loss
arises or (y) upon termination of this Agreement or any support services agreement between AirDefense and Licensee. IN NO EVENT SHALL
AIRDEFENSE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE
USE OF OR INABILITY TO USE ALL OR PART OF THE PRODUCTS OR THE PROVIDING OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
AIRDEFENSE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF LICENSEE'S PRODUCTS INCLUDES THE
AIRTERMINATION FEATURE, AIRDEFENSE SHALL NOT BE LIABLE WITH RESPECT TO ANY FIRST- OR THIRD-PARTY CLAIMS, LOSSES AND EXPENSES
WHATSOEVER RELATED THERETO AND LICENSEE SHALL INDEMNIFY AIRDEFENSE AND HOLD AIRDEFENSE HARMLESS FROM ALL SUCH CLAIMS,
LOSSES AND EXPENSES RELATED THERETO. THIS SECTION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
10
Taxes. Licensee agrees to be responsible for and to pay, or to reimburse AirDefense on written request if AirDefense is required to pay or collect, any
sales, use, or other tax (excluding any tax that is based solely on AirDefense's net income), duty, or other charge of any kind or nature that is levied or
imposed by any governmental authority on Licensee's purchase/license of the Products, this Agreement or Licensee's use of the Products or
Documentation.
11
Export Restrictions. THIS AGREEMENT IS SUBJECT TO ALL LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS WHICH MAY BE IMPOSED FROM
TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON THE EXPORT OF THE PRODUCTS OR COMPONENTS THEREOF OR OF
INFORMATION ABOUT THE AIRDEFENSE PRODUCTS. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY,
LICENSEE SHALL NOT EXPORT OR RE-EXPORT, DIRECTLY OR INDIRECTLY, THE PRODUCTS, THE SOFTWARE, OR THE DOCUMENTATION OR ANY
AIRDEFENSE PRODUCT (OR COMPONENT THEREOF) OR PROPRIETARY INFORMATION PERTAINING THERETO TO ANY COUNTRY TO WHICH SUCH
EXPORT OR RE-EXPORT IS RESTRICTED OR PROHIBITED, OR AS TO WHICH SUCH GOVERNMENT OR ANY AGENCY THEREOF REQUIRES AN EXPORT
LICENSE OR OTHER GOVERNMENTAL APPROVAL AT THE TIME OF EXPORT OR RE-EXPORT WITHOUT FIRST OBTAINING SUCH LICENSE OR APPROVAL.
ADDITIONALLY, LICENSEE AGREES TO COMPLY WITH ALL LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS WHICH MAY BE IMPOSED BY
ANY GOVERNMENTAL AUTHORITY WHICH HAS JURISDICTION OVER LICENSEE'S USE OF THE PRODUCTS, SOFTWARE OR DOCUMENTATION OR ANY
AIRDEFENSE PRODUCT (OR COMPONENT THEREOF) OR PROPRIETARY INFORMATION PERTAINING THERETO.
12
Purchases from Resellers. LICENSEE UNDERSTANDS THAT IF LICENSEE PURCHASED THE PRODUCTS OR SERVICES FROM AN AUTHORIZED RESELLER
OF AIRDEFENSE, THAT RESELLER IS NOT AIRDEFENSE'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON
AIRDEFENSE'S BEHALF OR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, LICENSEE ACKNOWLEDGES THAT,
UNLESS OTHERWISE AGREED UPON BY THAT RESELLER IN WRITING OR PROHIBITED BY LAW, THE LIMITATIONS OF WARRANTIES AND LIABILITY SET
FORTH IN THIS AGREEMENT ALSO APPLY TO AND BENEFIT THAT RESELLER.
13
Infringement Indemnification.
a
AirDefense shall defend Licensee against any claim, and any lawsuit to the extent based thereon, that is brought against Licensee alleging that
any AirDefense-branded product ("Product"), as originally delivered by AirDefense to Licensee under this Agreement, directly infringes a United
States patent in existence as of the date of delivery of such Product to Licensee ("Infringement Claim"), so long as AirDefense is notified in
writing by Licensee as soon as reasonably practicable as to any such claim, is given sole authority and control of the defense, and is provided by