Clear-Com®
Tempest®2400 2-Channel Wireless Intercom System 83
g. Soware Updates
i. Soware Updates are released periodically to correct discovered program bugs. During the Warranty
Period, so-
ware updates are available to Customers free of charge.
h. Soware Upgrades
i. Soware Upgrades include new Features and/or Funconal Enhancements and are not included as part of
the Stan-
dard Warranty but may be purchased at the published rates.
ii. Note: In the absence of a Soware Update containing a program correcon and no available workaround to mi-
gate the problem, at the discreon of Service, Sales, Engineering, or Product Management, the Customer may
be provided a Soware Upgrade under warranty.
Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com’s reasonable control,
including without limitaon acts of God, re, ooding, earthquake, lightning, failure of electric power or air condioning,
neglect, misuse, improper operaon, war, government regulaons, supply shortages, riots, sabotage, terrorism,
unauthorized modicaons or repair, strikes, labor disputes or any product failure that Clear-Com determines is not a
result of failure in the Services provided by Clear-Com. Further Services excluded from this Agreement include: services
required due to errors or omissions in Customer purchase orders; installaon or maintenance of wiring, circuits, electrical
conduits or devices external to the products; replacement or recondioning of products which, in Clear-Com’s opinion
cannot be reliably maintained or properly serviced due to excessive wear or deterioraon; Customer’s failure to maintain
the installaon site in accordance with the environmental specicaons of the products; or service on products removed
from the locaon originally specied by Customer and/or reinstalled without the prior wrien approval of Clear-Com.
Customer will pay Clear-Com’s then current published charges to restore such Covered Products to a condion eligible for
further service under this Agreement. Clear-Com shall be excused from and shall not be liable for any failure or delay in
performance under this Agreement due to the foregoing or any causes beyond its reasonable control.
Limitaon of Liability. IN NO EVENT WILL CLEAR-COM BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), REGARDLESS OF THE
FORM OF ACTION, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Assignment. Neither party may assign this Agreement or any poron thereof without the prior wrien consent of the other,
except in the event of a merger, sale of all or substanally all of the assets or other corporate reorganizaon.
Ownership of replaced parts or product. All replaced parts or products become the property of Clear-Com.
Enre Agreement. This Agreement constutes the enre agreement between the pares with respect to the subject maer
hereof, and supersedes all prior or contemporaneous proposals, oral or wrien, and all other communicaons between
them relang to the subject maer of this Agreement.
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