56033504 © 2007 Telular Corporation
iv
TERMS AND CONDITIONS FOR USE OF TELGUARD
®
PRODUCTS (“PRODUCT”)
These Terms and Conditions are a legal contract between you and Telular Corporation for the title to and
use of the Product. BY RETAINING AND USING THE PRODUCT YOU AGREE TO THE TERMS AND
CONDITIONS INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND
INDEMNIFICATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS, DO NOT USE THE PRODUCT AND IMMEDIATELY RETURN THE UNUSED PRODUCT
FOR A COMPLETE REFUND. You agree to accept sole responsibility for any misuse of the Product by
you; and, in addition, any negligent or illegal act or omission of your or your agents, contractors, servants,
employees, or other users of the Product so long as the Product was obtained from you, in the use and
operation of the Product.
INDEMNIFICATION OF TELULAR CORPORATION (“TELULAR”)
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS TELULAR FOR ANY OF THE COST,
INCLUDING REASONABLE ATTORNEYS’ FEES, AND FROM CLAIMS ARISING OUT OF YOU,
YOUR CLIENTS’ OR OTHER THIRD PARTIES’ USE OR OPERATION OF THE PRODUCT: (i) FOR
MISUSE OR IN A MANNER NOT CONTEMPLATED BY YOU AND TELULAR OR INCONSISTENT
WITH THE PROVISIONS OF THIS MANUAL; (ii) IN AN ILLEGAL MANNER OR AGAINST PUBLIC
POLICY; (iii) IN A MANNER SPECIFICALLY UNAUTHORIZED IN THIS MANUAL; (iv) IN A MANNER
HARMFUL OR DANGEROUS TO THIRD PARTIES; (v) FROM CLAIMS BY ANYONE RESPECTING
PROBLEMS, ERRORS OR MISTAKES OF THE PRODUCT; OR (vi) COMBINATION OF THE
PRODUCT WITH MATERIAL, MODIFICATION OF THE PRODUCT OR USE OF THE PRODUCT IN AN
ENVIRONMENT NOT PROVIDED, OR PERMITTED, BY TELULAR IN WRITING. THE PARTIES
SHALL GIVE EACH OTHER PROMPT NOTICE OF ANY SUCH COST OR CLAIMS AND
COOPERATE, EACH WITH THE OTHER, TO EFFECTUATE THIS INDEMNIFICATION, DEFENSE
AND HOLD HARMLESS.
WARRANTY; LIMITATIONS
TELULAR WILL REPAIR OR REPLACE (OUR OPTION) INOPERATIVE UNITS FOR UP TO TWO YEARS
FROM DATE OF MANUFACTURE. EXCLUDES DAMAGE DUE TO LIGHTNING OR INSTALLER
ERROR AS WELL AS UNITS THAT INCORPORATE MATERIAL, OR USED IN A MANNER OR
ENVIRONMENT, NOT SPECIFICALLY AUTHORIZED IN THIS MANUAL. UNAUTHORIZED
MODIFICATIONS VOID THIS WARRANTY. NOT RESPONSIBLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. LIABILITY LIMITED TO PRICE OF UNIT. THIS IS THE EXCLUSIVE
WARRANTY, IN LIEU OF ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, DELIVERY, INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE AND NO OTHER WARRANTIES WILL BE HONORED, WHETHER EXPRESSED OR
IMPLIED.
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