Netgear 597E User's Guide download pdf (Page 12)

AirCard 597E ExpressCard User Manual

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS PRODUCT IS ASSUMED BY YOU.

NEITHER THE ORIGINAL OWNER OF THE PRODUCT NOR THE VENDOR NOR VENDOR’S DISTRIBUTORS,

RESELLERS, SUPPLIERS, AGENTS, OFFICERS, AND DIRECTORS SHALL HAVE ANY LIABILITY TO YOU OR

TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING, BUT NOT

LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, CONSEQUENTIAL, PUNITIVE, OR

EXEMPLARY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR

PROFIT, DAMAGES TO PROPERTY OR PERSONS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL

OR ECONOMIC LOSS, EVEN IF ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY.

MAXIMUM AGGREGATE LIABILITY OF THE AFOREMENTIONED PERSONS SHALL NOT EXCEED THE

AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER

OR NOT THE ALLEGED BREACH, DEFAULT, NONPERFORMANCE, 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.

Trademarks and Service Marks

Verizon Wireless is a trademark of Verizon Trademark Services LLC, and the other trademarks, logos, and service

marks (collectively the "Trademarks") used in this document are the property of Verizon Wireless or their respective

owners. Nothing contained in this document should be construed as granting by implication, estoppel, or otherwise, a

license or right of use of Verizon Wireless or any other Trademark displayed in this document without the written

permission of Verizon Wireless or its respective owner.

VZAccess

is a service mark of Verizon Wireless.

AirCard® and Heart of the Wireless Machine® are registered trademarks of Sierra Wireless. Sierra Wireless, the

Sierra Wireless logo, and the red wave design are trademarks of Sierra Wireless.

Microsoft® and Windows® are registered trademarks of Microsoft® Corporation in the United States and/or other

countries.

ExpressCard is a trademark of PCMCIA.

The names of actual companies and products mentioned in this document may be the trademarks of their respective

owners.

PN 2130831 Version 2, Feb2011

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Netgear 597E User's Guide Page 12

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