Clear-Com
Standard
Limited Warranty
i i
(5) All software products, including Concert (Client and Server), ECS, Production Maestro
and Logic Maestro are warranted for one year and shall substantially conform to
published specifications. The media on which the Software is furnished is warranted to
be free of defects in material and workmanship (under normal use) for a period of one
year.
(6) Any Clear-Com products that are listed within the last time buy period have the same
Limited Warranty for their type 1.i 1 - 1.i.5 as above.
d) Any Clear-Com product that is repaired or supplied as a replacement under the terms of this
Limited Warranty shall inherit the remaining warranty period from the original product.
e) Standard
Warranty Period Start Date
i)
Dealer / Distributor Sales: In view of Dealer or Distributor stocking practices, the Standard
Warranty Period for products sold through Dealers or Distributors will commence from the
Clear-Com invoice date and will include an automatic extension of three months. Any valid
warranty claim within the Standard Warranty Period as determined by the Clear-Com
invoice date will be covered without further supporting evidence. All warranty claims after
this date must be supported by the Customer's proof of purchase that demonstrates the
product is still within the Standard Warranty Period (as detailed in Section 1.c.i above, plus
the automatic three month extension) from their purchase date.
ii) Direct Sales: The Standard Warranty Period will commence from
the date the product was
shipped from Clear-Com to the Customer. The Standard Warranty Period start date for
contracts that include commissioning will be the date of the Site Acceptance Test (SAT) or
one month from conclusion of the commissioning project, whichever is earlier.
f) Invalidation of Warranty
i)
This Limited Warranty shall be invalidated if the product's outer case has been opened and
internal modifications have been made or damage has occurred, or upon the occurrence of
other damage or failure not attributable to normal wear and tear. Authorized modifications
with Clear-Com's express written permission will not invalidate the warranty.
g)
Software Updates
i)
Software Updates are released periodically to correct discovered program bugs. During the
Warranty Period, software updates are available to Customers free of charge.
Clear-Com
Standard Limited Warranty
i i i
h) Software Upgrades
i)
Software Upgrades include new Features and/or Functional Enhancements and are not
included as part of the Standard Warranty but may be purchased at the published rates.
ii) Note: In the absence of a Software Update containing a program correction and no
available workaround to mitigate the problem, at the discretion of Service, Sales,
Engineering, or Product Management, the Customer may be provided a
Software Upgrade
under warranty.
2.
Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com's
reasonable control, including without limitation acts of God, fire, flooding, earthquake, lightning, failure
of electric power or air conditioning, neglect, misuse, improper operation, war, government
regulations,
supply shortages, riots, sabotage, terrorism, unauthorized modifications 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; installation or maintenance of
wiring, circuits, electrical conduits or devices external to the products; replacement
or reconditioning
of products which, in Clear-Com's opinion cannot be reliably maintained or properly serviced due to
excessive wear or deterioration; Customer's failure to maintain the installation site in accordance with
the environmental specifications of the products; or service on products removed from the location
originally specified by Customer and/or reinstalled without the prior written approval of Clear-Com.
Customer will pay Clear-Com's then current published charges to restore such Covered Products to a
condition 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.
3.
Limitation 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.
4.
Assignment. Neither party may assign this Agreement or any portion thereof without the prior written
consent of the other, except in the event of a merger, sale of all or substantially
all of the assets or
other corporate reorganization.
5.
Ownership of replaced parts or product. All replaced parts or products become the property of
Clear-Com.
6.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, oral or
written, and all other communications between them relating to the subject matter of this Agreement.