Ericsson does not warrant that the hardware described herein will work properly in all environments or applications, and makes no warranty or representation, either implied or expressed, with respect to the quality, performance, merchantability, or fitness for a particular purpose even when installed in accordance with this Installation Guide.
This Installation Guide is provided “AS IS,” without any warranty of any kind. Without limiting the foregoing, to the maximum extent permitted by applicable law Ericsson expressly disclaims all representations, warranties and conditions, whether express, implied, statutory, or otherwise, with respect to this Installation Guide, including without limitation any warranty of title, non-infringement, merchantability or fitness for a particular purpose. While Ericsson has made every effort to ensure this Installation Guide is accurate, Ericsson disclaims liability for any inaccuracies or omissions that may have occurred and shall not be liable for any adverse results caused, in whole or in part, by the installer’s reliance upon the instructions in this Installation Guide. Information in this Installation Guide is subject to change without notice and does not represent a commitment on the part of Ericsson. Ericsson assumes no responsibility for any inaccuracies that may be contained in this Installation Guide. Ericsson makes no commitment to update or keep current the information in this Installation Guide and reserves the right to make improvements to this Installation Guide and/or to the products described in this Installation Guide, at any time without notice.
Installer Responsibility
Ericsson hereby disclaims any liability for failure of the installer to install the hardware properly and for any other acts and omissions of the installer. By using this Installation Guide, you agree to indemnify and hold Ericsson harmless from and against any and all, liabilities, losses, damages, costs and expenses (including without limitation attorneys’ fees and costs) incurred by Ericsson arising out of or in connection with any installation work that is done other than in accordance with the instructions in this Installation Guide.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ERICSSON BE LIABLE TO YOU OR TO ANYONE CLAIMING THROUGH OR UNDER YOU FOR ANY LOST PROFITS, EQUIPMENT DOWNTIME, OR LOSS OF DATA OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING IN ANY WAY IN CONNECTION WITH YOUR INSTALLATION ACTIVITIES, EVEN IF CRADLEPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ERICSSON AND/OR ITS AFFILIATES ARISING UNDER OR IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING, REGARDLESS OF THE NUMBER OF EVENTS, OCCURRENCES, OR CLAIMS GIVING RISE TO LIABILITY, EXCEED THE PRICE PAID BY THE ORIGINAL PURCHASER OF THE PRODUCT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ERICSSON AND/OR ITS AFFILIATES ARISING UNDER OR IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING, REGARDLESS OF THE NUMBER OF EVENTS, OCCURRENCES, OR CLAIMS GIVING RISE TO LIABILITY, EXCEED THE PRICE PAID BY THE ORIGINAL PURCHASER OF THE PRODUCT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.