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Educating Users |
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Educating Operators |
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Detecting Toll Fraud |
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Establishing a Policy |
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Choosing Passwords |
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Physical Security |
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Limiting Outcalling |
Avaya Communication warrants to you, the customer, that your MERLIN MAGIX Integrated System will be in good working order on the date Avaya Communication or its authorized reseller delivers or installs the system, whichever is later ("Warranty Date"). If Avaya Communication determines that your system cannot be repaired or replaced, Avaya Communication will remove the system and, at your option, refund the purchase price of your system or apply the purchase price towards the purchase of another Avaya Communication system.
If you purchased your system directly from Avaya Communication, Avaya Communication will perform warranty repair in accordance with the terms and conditions of the specific type of Avaya Communication maintenance coverage you selected. If you purchased your system from a Avaya Communication-authorized reseller, contact your reseller for the details of the maintenance plan applicable to your system.
The following will not be deemed to impair the good working order of the system, and Avaya Communication will not be responsible under the limited warranty for damages resulting from:
AVAYA COMMUNICATION'S OBLIGATION TO REPAIR, REPLACE, OR REFUND AS SET FORTH ABOVE IS YOUR EXCLUSIVE REMEDY.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, AVAYA COMMUNICATION, ITS AFFILIATES, SUPPLIERS, AND AUTHORIZED RESELLERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of LiabilityExcept as provided below, the liability of Avaya Communication and its affiliates and suppliers for any claims, losses, damages, or expenses from any cause whatsoever (including acts or omissions of third parties), regardless of the form of action, whether in contract, tort, or otherwise, shall not exceed the lesser of: (1) the direct damages proven; or (2) the repair cost, replacement cost, license fee, annual rental charge, or purchase price, as the case may be, of the equipment that gives rise to the claim. Except as provided below, Avaya Communication and its affiliates and suppliers shall not be liable for any incidental, special, reliance, consequential, or indirect loss or damage incurred in connection with the equipment. As used in this paragraph, consequential damages include, but are not limited to, the following: lost profits, lost revenues, and losses arising out of unauthorized use (or charges for such use) of common carrier telecommunications services or facilities accessed through or connected to the equipment. For personal injury caused by Avaya Communication's negligence, Avaya Communication's liability shall be limited to proven damages to person. No action or proceeding against Avaya Communication or its affiliates or suppliers may be commenced more than twenty-four (24) months after the cause of action accrues. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.