Sierra Wireless USB 598 Betriebsanweisung PDF herunterladen (Seite 46)

38 Section 3D. One-Year Limited Warranty

FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT

THE ALLEGED BREACH, DEFAULT, NON-PERFORMANCE, OR FAILURE IS A BREACH OF

FUNDAMENTAL CONDITION OR TERM, OR A FUNDAMENTAL BREACH.

In the event that the Product supplied by Vendor is found to infringe any third-party US or

Canadian patent, trade secret, copyright, trademark, or other proprietary right and/or the use

of the Product is enjoined, Vendor will, at its sole option, either (a) procure for you the right to

use such Product; (b) modify such Product so that it becomes non-infringing while giving

equivalent functionality and performance; or (c) if neither of the foregoing options is

reasonably available, refund to you all amounts paid for the infringing Products, depreciated

on a straight line basis over a three-year period. Vendor will have no liability or obligation to

you to the extent the infringement is caused by, or based upon: (a) use of the Product in an

application or environment, or on a platform, or with devices for which the Product was not

designed or contemplated; (b) modifications, alterations, combinations, or enhancements of

the Product not created by Vendor; (c) any third-party defined feature that Vendor

incorporates into the Product at the request of such third party; or (e) your failure to install any

corrections or enhancements made available by Vendor that maintain equivalent or better

functionality and performance, to the extent that such correction or enhancement would have

avoided the infringement claim. Vendor’s obligations do not apply to any alleged

infringement occurring after you have received written notice of the alleged infringement. THE

FOREGOING IS IN LIEU OF ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF

NON-INFRINGEMENT, WHICH ARE HEREBY DISCLAIMED, AND SETS FORTH THE ENTIRE

LIABILITY OF VENDOR AND THE ORIGINAL OWNER OF THE PRODUCT FOR ANY

INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY THE PRODUCT.

If any provision or term of these terms and conditions is determined to be invalid or

unenforceable, the invalidity or unenforceability of that provision or term will not affect the

validity or enforceability of the remaining provisions and terms or the validity or enforceability

of that provision or term in any other jurisdiction.

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Sierra Wireless USB 598 Betriebsanweisung Seite 46