Wireless Access Point
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3.0 LIMITED WARRANTY AND LIMITATION OF LIABILITY
3.1 Limited Warranty & Exclusions. Licensor warrants that the Software will
perform in substantial accordance with the specifications therefore set forth in
the Documentation for a period of ninety [90] days after Customer's
acceptance of the terms of this Agreement with respect to the Software
(“Warranty Period”). If during the Warranty Period the Software or Product
does not perform as warranted, Licensor shall, at its option, correct the
relevant Product and/or Software giving rise to such breach of performance
or replace such Product and/or Software free of charge. THE FOREGOING
ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF
THE FOREGOING WARRANTY. THE WARRANTY SET FORTH ABOVE IS
MADE TO AND FOR THE BENEFIT OF CUSTOMER ONLY. The warranty
will apply only if (i) the Software has been used at all times and in accordance
with the instructions for use set forth in the Documentation and this
Agreement; (ii) no modification, alteration or addition has been made to the
Software by persons other than Licensor or Licensor's authorized
representative; and (iii) the Software or Product on which the Software is
installed has not been subject to any unusual electrical charge.
3.2 DISCLAIMER. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 3, ALL
ADDITIONAL CONDITIONS, REPRESENTATIONS, AND WARRANTIES,
WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, ACCURACY, AGAINST INFRINGEMENT OR
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, ARE HEREBY DISCLAIMED BY LICENSOR AND ITS
SUPPLIERS. THIS DISCLAIMER SHALL APPLY EVEN IF ANY EXPRESS
WARRANTY AND LIMITED REMEDY OFFERED BY LICENSOR FAILS OF
ITS ESSENTIAL PURPOSE. ALL WARRANTIES PROVIDED BY LICENSOR
ARE SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN THIS
AGREEMENT.
3.3 HAZARDOUS APPLICATIONS. THE SOFTWARE IS NOT DESIGNED OR
INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF A
NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR COMMUNICATIONS
SYSTEMS, AIR TRAFFIC CONTROLS OR OTHER DEVICES OR SYSTEMS
IN WHICH A MALFUNCTION OF THE SOFTWARE WOULD RESULT IN
FORSEEABLE RISK OF INJURY OR DEATH TO THE OPERATOR OF THE
DEVICE OR SYSTEM OR TO OTHERS (“HAZARDOUS APPLICATIONS”).
CUSTOMER ASSUMES ANY AND ALL RISKS, INJURIES, LOSSES, CLAIMS
AND ANY OTHER LIABILITIES ARISING OUT OF THE USE OF THE
SOFTWARE IN ANY HAZARDOUS APPLICATIONS.
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